LB 2529 

.023 
1919 
Copy 1 



DEPARTMENT OF EDUCATION 

STATE OF ALABAMA 



GENERAL 
PUBLIC SCHOOL LAWS 




MARCH 1. 1919 



■ HOWN PKINTINB 00. MONTOOMERV. 







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DEPARTMENT OF EDUCATION 

STATE OF ALABAMA 



GENERAL PUBLIC SCHOOL LAWS 



MARCH 1, 1919 




SPRIGHT DOWELL, 

Superintendent of Education 



BROWN PRINTING CO. MONTGOMFUV. 



STATE DEPARTMENT OF EDUCATION^ 



nv 1 



ADMINISTRATION 

Spright Dowell, State Superintendent of Education Montgomery 

Jas. N. Gunnels, Chief Clerk Montgomery 

T. L. Head, Bookkeeper Montgomery 

M. B. Bishop, Bookkeeper Montgomery 

Aline Farnham, Stenographer Montgomery 

Mrs. Pear] M. Jones Montgomery 

SUPERVISION 

J. B. Hobdy, Rural School Agent Montgomery 

J. S. Lambert, Rural School Agent Montgomery 

Rose Sabel, Stenographer Montgomery 

Jas. S. Thomas, High School Inspector University 

TEACHER-TRAINING 

R. E. Tidwell, Director of Institutes Montgomery 

Elberta Taylor, Conductor of Institutes (for white) Montgomery 

Clutie Bloodworth, Conductor of Institutes (for white) Montgomery 

Claytie Thornton, Conductor of Institutes (for white) Montgomery 

G. W. Trenholm, Conductor of Institutes (for negroes). ..Montgomery 
Edith Garrott, Conductor of Institutes (for negroes) Montgomery 

CERTIFICATION OF TEACHERS 

Spright Dowell, President, Board of Examiners Montgomery 

John B. Clark, Secretary, Board of Examiners Montgomery 

Kate McLemore, Member, Board of Examiners Montgomery 

.Sadie Frank, Stenographer Montgomery 

STATE TEXTBOOK COMMISSION 

Governor Thomas E. Kilby, Chairman Montgomery 

Superintendent Spright Dowell, Secretary Montgomery 

Olive J. Dodge Mobile 

M. D. Pace - Troy 

H. L. Upshaw Eufaula 

C. W. Daugette Jacksonville 

G. M. Barnett LaFayette 

C. C. Johnson Marion 

E. P. Murphy Gadsden 

J. M. Atkinson Athens 

Lula Bradford Birmingham 

J. W. Letson Jasper 



n B •* ..P'2\ 1919 
l\ 1913 



PUBLIC SCHOOL LAWS OF ALABAMA 

CHAPTER 41, CODE 1907. 



ARTICLE 1. 

PUBLIC SCHOOL FUND. 

1678. (3539) (943) Appropriations for public schools'. 
For the maintenance of a system of public schools of the 
State the following sums of money are hereby appro- 
priated for every scholastic year, to-wit : 

1. The annual interest at six per cent on all sums of 
money which have heretofore been or which may here- 
after be received by the State, as the proceeds of sales of 
lands granted or entrusted by the United States to the 
State, or to the several townships thereof, valueless six- 
teenth section fund, and school indemnity fund for schooL 
purposes. 

2. The annual interest at four per cent on that part of 
the surplus revenue of the United States deposited with 
the State under the act of Congress approved June 23, 
1836. 

3. All annual rents, incomes,' and profits or interest 
arising from the proceeds of sales of all such lands as 
may hereafter be given by the United States, or by this 
State, or by individuals, for the support of the public 
schools of the State. 

4. All such sums as may accrue to the State as escheats 
the same to be applied to the support of the public schools 
during the scholastic year next ensuing the receipt in the 
State treasury. 

5. The net amount of poll tax that may be collected in 
the State ; poll tax collected in every county to be retained 
therein for the support of the public schools thereof and 
distributed and disbursed as provided in this chapter. 

6. Licenses which are by law required to be paid into^ 
the school fund of any county to be promptly paid by the 



4 PUBLIC SCHOOL LAWS OF ALABAMA 

judge of probate or other person collecting the same to 
the county superintendent of education and to be ex- 
pended for the benefit of the public schools of each county. 

7. A further sum of five hundred thousand dollars 
($500,000.00) annually for every scholastic year; pro- 
vided, however, that there is hereby appropriated the 
additional sum of one hundred thousand dollars ($100,- 
000.00) annually if in the judgment of the governor of 
Alabama the financial condition of the State treasury 
will permit of such additional appropriation. 

That the provisions of this act shall become effective 
October 1st, 1911. Provided, that the annual excess of 
the appropriation herein made over the appropriation 
carried by existing laws,* viz. : The sum of two hundred 
and fifty thousand dollars ($250,000.00) per annum, shall 
be paid only on the approval of the governor, who, as 
the state of the treasury in his opinion may warrant, 
may approve the same in whole or in part from time to 
time ; provided, that if the governor shall fail to approve 
in any year the full amount of the appropriation made 
for that year he may, if the condition of the treasury war- 
rant, approve in any subsequent year or years the differ- 
ence between the amount appropriated and that paid. 

Note — In addition to the sources of school revenue 
above enumerated, there is annually levied, by Constitu- 
tional requirements, for the maintenance of the public 
schools, a tax of thirty cents on each one hundred dollars 
assessed valuation of taxable property. 

1679. (3540) (944) When appropriations accrue, 
placed to the credit of educational fund. — All such appro- 
priations, except the poll tax, shall accrue to the educa- 
tional fund on the first day of October, in each year ; and 
on that day the State auditor shall place to the credit of 
that fund, on the books in his office, all such amounts as 
accrue thereto from the sources in this article mentioned, 
except the poll tax, for the scholastic year beginning on 
that day. 



*The appropriation carried by existing laws is $350,000. 



PUBLIC SCHOOL LAWS OF ALABAMA 5 

ARTICLE 2. 

OFFICERS AND BOARDS OF PUBLIC SCHOOLS. 

1680. (8541) (945) Officers and boards of adminis- 
tration of public schools. — For the administration and 
government of public schools in this State, there are the 
following officers and boards of education : 

1. The superintendent of education. 

2. A county superintendent of education in each coun- 
ty. 

3. Three district trustees in each school district. 

4. One county board of education ; constituted as here- 
inafter provided. 



ARTICLE 3. 

SUPERINTENDENT OF EDUCATION. 

1681. (3542) (946) Term of office; salanj.—"The 
Superintendent of Education" holds office for the term 
of four years from the time of his installation in office, 
and until his successor is elected and qualified, and shall 
receive a salary of three thousand dollars per annum, 
payable in monthly installments, on the last day of each 
month, and shall not be eligible as his own successor. 

1682. (3543) (947) Oath of office and bond.— Be- 
fore entering upon the duties of his office, he shall take 
oath of office prescribed by the constitution, and shall 
also give bond, with sureties to be approved by the gover- 
nor, in the sum of fifteen thousand dollars, conditioned 
faithfully to discharge the duties of his office so long as 
he shall remain therein, or perform any of the duties 
thereof; and such bond shall be filed in the office of the 
secretary of State. 

1683. (3544) (948) Office and books, papers and 
records. — He shall have an office at the capitol of the 
State, where the bonds, papers and records of his office 



6 PUBLIC SCHOOL LAWS OF ALABAMA 

shall be kept, and where he shall give attendance when 
not absent on official business; and it shall be the privi- 
lege of all persons interested to have access, at all proper 
hours, to the books, papers, and records of the office. 

1684. (3545) (949) Clerks and their- salaries. — He 
is authorized to employ a chief clerk, two bookkeepers, 
and a stenographer for service in his office; and such 
clerks shall be allowed salaries as follows : The chief 
clerk, eighteen hundred dollars per year; the two book- 
keepers, fifteen hundred dollars per year each ; the stenog- 
rapher, seven hundred and fifty dollars per year, to be 
paid as the salaries of other department clerks are paid. 

1685. (3546) (950) Duties of the superintendent of 
education. — The duties of the superintendent of education 
shall be as follows : 

1. He shall devote his time to the care and improve- 
ment of the common schools, and the promotion of public 
education, and shall exercise a general supervision over 
all the educational interests of the State ; and to this end 
he shall have power to require from the county superin- 
tendent of education, township and district trustees of 
public schools, and all other school officers, all such re- 
ports and information relating to the educational fund, 
or the condition of the schools and the management 
thereof, as he may deem important, or as may be pre- 
scribed by law ; and he may remove from office any such 
officer, except the county superintendent, for failure to 
make such report, give such information, or discharge 
any other official duty. 

2. He shall annually, as far as practicable, visit every 
county in the State, for the purpose of inspecting the 
schools and their management, the accounts of county 
superintendents of education, and other school officers, 
and for diffusing as widely as possible, by personal 
address and personal communication, information as to 
the importance of public schools and the best method for 
their management; and he shall encourage and assist at 
organizing and conducting teachers' and superintendents' 
institutes. 



PUBLIC SCHOOL LAWS OF ALABAMA 7 

3. He shall make provisions for instructing all pupils 
in all schools and colleges supported, in whole or in part, 
by public money, or under State control, in hygiene and 
physiology, with special reference to the effects of alco- 
holic drinks, stimulants, and narcotics upon the human 
system. 

4. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in part, 
by public moneys, or under State control, in the constitu- 
tion of the United States and the constitution of the 
State of Alabama. 

5. He shall annually apportion the public school funds 
to the several counties, and the county board of education 
shall apportion the same to the school districts as required 
by section 256 of the Constitution, and shall see to the 
proper disbursement of the same; and to this end he 
shall keep an accurate account with all officers who may 
be custodians or disbursers of the school fund, or any 
part thereof. 

6. He shall prepare all forms and have printed and 
distributed all such blanks as may be necessary; or as 
may be required by law, in the administration of the 
public school system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping their 
accounts and records, to be and remain public property; 
and he shall prescribe a uniform system of keeping such 
accounts and records. 

8. He shall take receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

9. He shall keep a debtor and creditor account with 
each township, or other school district in the State, of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to which 
each township or school district may be entitled, show- 
ing whence and when such funds were derived. 

11. He shall preserve in his office all bonds of school 
officers and others required to be filed therein. 



8 PUBLIC SCHOOL LAWS OF ALABAMA 

12. He shall cause suits to be instituted and prosecuted 
against all defaulters to the educational fund, and for 
this purpose may employ attorneys ; but he shall not have 
power to contract to pay such attorneys out of the educa- 
tional fund more than ten per cent of the amount recov- 
ered by them in such suits ; and of such fund he may pay 
such lawful costs as may be taxed against him as superin- 
tendent of education, in case he is cast in any such suits. 

13. He shall, by correspondence, exchange of official 
reports, and other proper means, elicit information rela- 
tive to the system of public education in other states and 
countries, and disseminate all useful knowledge regard- 
ing the same among the county superintendents and other 
school officers in the State. 

14. He shall collect in his office such school books, ap- 
paratus, maps, charts and specimens of improved school 
furniture as can be obtained without expense to the State. 

15. He shall prepare and have printed in pamphlet 
form by the public printer, all laws, rules, and regulations 
pertaining to the public school system of the State, in- 
cluding therein the Constitution of the United States 
and the Constitution of the State of Alabama, and cause 
the same to be distributed among the county superin- 
tendents of education, and other officers connected with 
the school system, for the information of those interested 
in the educational interests of the State. 

16. He shall perform such other duties as are, or may 
be, prescribed by law. 

1686. (3547) (951) Report to governor; contents. — 
He shall also, annually, on or before the first day of De- 
cember, report to the governor in writing — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from the 
county superintendents of education, exhibiting the con- 
dition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement showing how the contingent 
fund of his department and all other special funds or ap- 
propriations under his control have been disposed of. 



PUBLIC SCHOOL LAWS OF ALABAMA 9 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

6. All such other matters relating to his office and to 
the public schools as he shall deem expedient to communi- 
cate. 

1687. (3548) (952) Report to be printed and dis- 
tributed. — The governor shall, when such report is laid 
before him, direct the superintendent of education to 
have printed in the same manner and upon the same con- 
ditions as other printing is done, during the recess of 
the Legislature, a sufficient number of copies of the re^ 
port to supply the county superintendents and district 
trustees of public schools, and other school officers, and 
for the usual exchange with other States, and with the 
leading cities of the United States ; and it shall be the duty 
of the superintendent of education to distribute the same 
as indicated in this section. 

1688. (3549) (953) Vacancy filled by governor; 
term, etc., of appointee. — If the office of superintendent 
of education should at any time become vacant, by death, 
resignation, or otherwise, the governor shall appoint a 
suitable person to fill such office for the unexpired term ; 
and such appointee shall give bond and qualify in the 
same manner as if he had been elected for a full term. 



ARTICLE 4. 



TOWNSHIPS ABOLISHED. 



1689. Townships abolished; public schools re-district- 
ed. — Township lines for school purposes are abolished; 
provided the inhabitants of no township shall be deprived 
of the sixteenth section or any fund arising therefrom, 
or of selling and leasing such lands as provided by law. 



10 PUBLIC SCHOOL LAWS OF ALABAMA 

ARTICLE 5. 

TOWNSHIPS AND SCHOOL DISTRICTS INCORPORATED. 

1690. (3624) (1024) (963) (576) (502) Incorpora- 
tion of townships. — The inhabitants of each township in 

the State are incorporated by the name of "Township , 

of range ," according to the number of the surveys of 

the United States, and the inhabitants of each school dis- 
trict are incorporated by the name and number by which 
it is known or designated. 



ARTICLE 6. 

This article is repealed by the act providing for a 
county board of education, approved August 16, 1915, 
which follows : 

No. 220.) (S. 129. 

AN ACT 

To provide for a county board of education, to pre- 
scribe the method of election of the members thereof, to 
define the powers and duties of the board, and to require 
the boards of education in incorporated cities and towns 
to make an enumeration of children of school age. 

Be it enacted by the Legislature of Alabama: 
Section 1. That from and after the third Saturday in 
November, 1916, the public schools of each of the several 
counties of the State, except those in incorporated cities 
and towns, shall be under the immediate direction and 
control of a county board of education consisting of five 
members. The county board of education of each county 
shall be elected by the qualified electors of the county. 
All members of the county board of education of any 
county shall be persons of good moral character with at 
least a fair elementary education, of good standing in 
their respective communities, and known for their hon- 
esty, business ability, public spirit and interest in the 
good of public education. 



PUBLIC SCHOOL LAWS OF ALABAMA 11 

Sec. 2. That at the general election of State and county 
officers in November, 1916, the qualified electors of the 
county shall elect five members of the county board of 
education; and provided that the five persons receiving 
the highest number of votes from the county at large 
shall be declared the members of the county board of 
education ; provided, that the two members of the board 
so elected receiving the highest number of votes shall 
hold office for a term of six years ; that the two members 
receiving the next highest number of votes shall hold 
office for a term of four years ; and that the member so 
elected receiving the lowest number of votes shall hold 
office for a term of two years ; provided further, that at 
the general election of State and county officers in Novem- 
ber, 1918, and biennially thereafter, a member or mem- 
bers shall be elected for terms of six years to succeed 
those whose term or terms of office shall expire at that 
time ; provided that any member of the board of education 
shall hold office until a successor has been elected and 
qualified. 

Sec. 4. That the county board of education of each of 
the several counties, elected as herein provided, shall 
meet in the office of the county superintendent of educa- 
tion of the county within ten days after the election of 
such board or any member thereof, qualify and organize 
by electing one of its members president. The president 
shall be entitled to vote on all questions. The county 
superintendent of education shall be the secretary and 
executive officer of the board and shall attend all meet- 
ings of the same, but he shall not have the right of a 
vote in the board. 

Sec. 5. That the county boards of education shall have 
entire control of the public schools, unless otherwise pro- 
vided by law, within their respective counties. They shall 
make rules and regulations for the government of the 
schools, see that the teachers perform their duties, and 
exercise such powers consistent with the law as in their 
judgment will best subserve the cause of education. The 
board shall have the right to acquire, purchase, by the 
institution of condemnation proceedings if necessary, 
lease, receive, hold, transmit, and convey the title to real 



12 PUBLIC SCHOOL LAWS OF ALABAMA 

and personal property for school purposes, except where 
otherwise provided, by and in the name of the county 
board of education, to sue and contract, all contracts to be 
made after resolutions adopted by the board and spread 
on its minutes and signed by its president. All process 
shall be executed by service on the executive officer of 
the board. 

Sec. 6. In addition to the duties hereinbefore pre- 
scribed, the county boards of education shall perform 
the following duties : (1) Select a county superintendent 
of education, prescribe his duties in addition to those re- 
quired by law, and the amount of his salary; provided, 
that no member of a county board of education shall be 
eligible for election as county superintendent of education 
during the term for which he was elected as a member 
of the board of education. (2) Elect a county treasurer 
of public school funds. (3) Elect to hold office until the 
next regular election as provided under this act, the suc- 
cessor to any member of the county board of education 
whose place may have become vacant by death, resigna- 
tion, or other cause; provided, that in case the county 
board fails for a period of thirty days to fill said vacancy, 
the State superintendent of education shall have authority 
to appoint a member to fill the same. At the next general 
election held in November, a successor shall be elected for 
the unexpired term as provided by section 2 of this act for 
the election of other members. (4) Select upon the nomi- 
nation of the county superintendent of education, assist- 
ant superintendents, supervisors and such office force as 
may be necessary, and fix their salaries. (5) Select teach- 
ers for the several schools of the county upon nomination 
of the county superintendent of education, fix their sal- 
aries, erect, repair and furnish schoolhouses, fix all 
wages of employees, determine all incidental expenses, 
and have entire control of the public school funds of the 
county, except as otherwise provided by law. (-6) Fix the 
boundaries of school districts and locate schools with ref- 
erence to convenience, efficiency and economy. (7) Con- 
solidate schools and provide for the transportation of 
pupils at public expense. (8) Upon the agreement of 
the board of education of adjoining counties, authorize 



PUBLIC SCHOOL LAWS OF ALABAMA 13 

a child residing in one county to attend school in another 
county, and it shall be permitted to do so when the school 
in the other county is nearer than any school in its own 
county ; upon the request of parents or guardians, a city 
board of education and a county board of education may 
make any just and equitable arrangement for the attend- 
ance of the children of the city at the schools of the 
county, and for the attendance of the children of the 
county at the schools of the city, and they shall do so 
when it can be done without injury to the schools of 
either the county or the city. (9) Control the public 
school funds as provided by law. (10) Appoint for every 
school in the county discreet, competent and reliable per- 
son or persons of mature years, not exceeding three in 
number, residing near to the schoolhouse, and having the 
respect and confidence of the people of the community, to 
serve as trustee or trustees of the school, to care for the 
property, and to look after the general interests of the 
school, and to make to the county board of education, 
through the county superintendent of education, from 
time to time, reports of the progress and needs of the 
schools, and of the will and sentiment of the people in 
regard to the school; but such person or persons shall 
not be paid for such service out of the public school funds. 

(11) Enforce compulsory attendance as required by law. 

(12) Act as promptly as possible on cases of appeal by 
pupils suspended by teachers. (13) Dismiss county super- 
intendents, assistant county superintendents, and teach- 
ers for incompetency, improper or immoral conduct, or 
inattention to duty, or whenever in their opinion the best 
interests of the school may require. (14 Select resident 
persons to enumerate the scholastic population of all chil- 
dren between the ages of seven and twenty-one years as 
provided by law, and to require that in enumerating the 
scholastic population, the name of the child, the name of 
the parent or guardian, the age of the child, the school to 
which it belongs and the distance to the nearest school, 
be recorded, and also the fact as to whether the child is 
able to read and write. White children and negro chil- 
dren shall be reported in separate lists, and in any town 
or city maintaining a public school system, the board of 



14 PUBLIC SCHOOL LAWS OF ALABAMA 

education of that incorporated city or town, is hereby 
empowered and required to enumerate the scholastic pop- 
ulation of that city or town, as provided by law; and in 
addition to giving the name of the child, and the name 
of its parents or guardians, and stating whether the child 
can read and write, the name of the street and the number 
of the house in which it resides shall be given. 

Sec. 7. The members of the county board of education 
shall receive from the public school funds of the county 
their actual traveling and hotel expenses incurred in at- 
tending meetings of the board; provided that such ex- 
penditures shall be allowed for not more than twelve 
meetings in any one year. The members of the county 
board shall be paid in like manner as provided for the 
compensation paid to teachers; provided, that they shall 
not be required to hold State teachers' certificates. Coun- 
ty superintendents shall be paid a minimum salary of 
$1,000 a year and after September 30, 1915, shall engage 
in no other form of remunerative work. 

Sec. 8. All laws or parts of laws in conflict with the 
provisions of this act, except such as make provision for 
local taxation for school purposes, are hereby repealed, 
and in case any part of this law is declared unconstitu- 
tional, the parts not so declared unconstitutional, shall 
remain in full force and effect as the law of the State. 

Approved August 16, 1915. 



No. 495.) (S. 598. 

AN ACT 

To amend section 1355 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 
That section 1355 of the Code of Alabama of 1907 be 
and the same is hereby amended so as to read as follows : 
1355 — Cities having a population of 2,000 and less than 
6,000 inhabitants shall have a board of education con- 
sisting of five members which shall be elected by the 
council, or other governing body, at its first regular meet- 
ing. The council, or other governing body, shall elect the 



PUBLIC SCHOOL LAWS OF ALABAMA 15 

members of the board of education for terms of office 
which shall be respectively, one, two, three, four and five 
years. Annually thereafter at the first regular meeting 
in April or as soon thereafter as may be practicable, at a 
regular meeting, the council, or other governing body,, 
shall elect a member whose term of office shall be five* 
years, to succeed the member of the board of education: 
whose term expires that year. As soon after election as 
practicable, the said board shall organize by electing one 
of their members president and shall also elect one of 
their members secretary of said board, and said board- 
shall have all powers and be vested with all the authority^ 
in relation to the public schools as boards of education in: 
cities of 6,000 or more population. In the event of a- 
vacancy in the membership of the board by resignation: 
or otherwise, the fact shall be reported to the city council, 
or other governing body, by the board, and the council, 
or other governing body, shall elect a person to fill such 
vacancy for the unexpired term; in towns of less than 
2,000 population, the management and control of the pub- 
lic schools therein shall on and after the first day of 
October, 1915, be vested in a county board of education, 
which board shall be vested with all the powers and au- 
thority in relation to such school, as if the same were not 
within the incorporated territory. 
Approved September 16, 1915. 



No. 14.) AN ACT (H. 63 

To authorize women to serve on boards of education 
of counties, and cities and towns. 

Be it enacted by the Legislature of Alabama: 

1. That on and after the passage of this bill, women 
shall be eligible to serve on the boards of education of in- 
corporated cities and towns, and on county boards of 
education. 

8. All laws and parts of laws, local, general or spe- 
cial in conflict with the provisions of this act be and the 
same are hereby repealed. 

Approved February 1, 1915. 



16 PUBLIC SCHOOL LAWS OF ALABAMA 

No. 93.) AN ACT (S. 80. 

To amend section 6 of an act approved July 17, 1907, 
entitled "An act to amend sections 6, 9, 10, 16, 17, 19 
and 20 of an act entitled an act to provide for the redis- 
ricting of the public schools of the State and for the 
management and control of the same, approved Septem- 
ber 30, 1903." 

Section 1. Be it enacted by the Legislature of Alabama, 
That section 6 of an act approved July 17, 1907, entitled, 
"An act to amend sections 6, 9, 10, 16, 17, 19 and 
20 of an act entitled an act providing for the redistricting 
of the public schools of the State and for the management 
and control of the same, approved September 30, 1903," 
be and the same is hereby amended so as to read as fol- 
lows: Section 6. That section 19 of said act be and the 
same is hereby amended so as to read as follows: The 
provisions of this act shall not apply to any county hereto- 
fore districted by authority of a special law and which 
has a special levy from the county for the support of the 
public schools therein; or to any city or town where the 
members of the board of education hold office for life 
under any act of the Legislature of Alabama approved 
prior to Feb. 15, 1891, but all other general, special, pri- 
vate or local laws creating or providing for any special 
or separate school district be and the same are hereby 
repealed. 

Approved August 25, 1909. 

1693. Incorporated cities and toivns separate school 
districts. — Each incorporated city or town in the State is 
a separate school district. 

1694. School districts not affected by county lines. — 
Any school district which, by the creation of new coun- 
ties or the change of county lines, shall lie in two or 
more counties, shall in no wise be repealed by the crea- 
tion of said new counties or the change of county lines. 



PUBLIC SCHOOL LAWS OF ALABAMA 17 

No. 487.) AN ACT (H. 243. 

To provide for the office of county treasurer of public 
school funds in the several counties of Alabama and to 
prescribe the duties thereof. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the county boards of education of the several coun- 
ties of this State be and they are hereby authorized 
to select annually some suitable person in the county to 
act as treasurer of the public school funds of the county. 

Sec. 2. The said treasurer of the school funds in each 
county shall receive and take charge of any money, 
funds, property or proceeds of any character, raised in 
his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise, endowment or otherwise, to be used in aid of, or in 
connection with, money apportioned to his county from 
the educational fund, and shall faithfully keep the same 
separate and apart from any other funds or property 
whatsoever; and after the county board of education 
shall have apportioned the public school funds of the 
county, as in this code provided, he shall, upon the certi- 
fied payroll of the county superintendent distribute and 
pay out the money raised in accordance with this subdi- 
vision, but all money, raised by local taxation in any 
school district or incorporated city or town, shall be ex- 
pended for the benefit of the district, city or town in 
which the money is raised, and by such persons, and in 
such manner, as are authorized by the laws in force for 
the control and government of public schools in such 
district, city or town. 

Sec. 3. He must, monthly, on the first Saturday in 
each month of each year, or as soon thereafter as practi- 
cable, pay the teachers of the public schools, upon the 
certified payroll of the county superintendent of educa- 
tion. He shall give bond in twice the probable sum of 
public school money including any amounts of State school 
funds payable to him by the State treasurer which he may 
have on hand at any one time, said amount of bond to be 
fixed and approved by the State superintendent of edu- 
cation. 



18 PUBLIC SCHOOL LAWS OF ALABAMA 

Sec. 4. For all money paid out under the terms of 
this act, the said treasurer shall keep proper vouchers 
subject to the inspection of the State examiner of ac- 
counts, or assistant examiner, and he shall make such 
annual reports as may be called for by the State superin- 
tendent of education. 

Sec. 5. All laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby re- 
pealed. 

Approved April 18, 1911. 

INSTRUCTION FOR HANDLING GENERAL EDUCATION FUND, 
POLL TAX AND SPECIAL COUNTY TAXES 

Under an opinion of the Attorney General the placing 
of all towns of less than 2,000 population under the con- 
trol of the county board of education does not repeal that 
provision of the municipal code which requires that all 
public school funds for municipalities shall be disbursed 
by the town treasurer. It therefore becomes the duty 
of the county superintendent to place on his regular pay 
roll the names of the treasurers of such towns for any 
amounts of general education fund and poll tax or spe- 
cial county tax which the county boards shall apportion 
to the schools of said towns; the same to be paid out by 
the treasurer on a special Town Pay Roll prepared by 
the principal and approved by the local trustees and 
the county board of education. 

In cities of 2,000 population and over the name of the 
treasurer should be placed on the regular monthly pay 
roll for such part of the general education fund, poll tax 
and special county tax apportioned to said towns as is 
needed to meet the demands of the schools; the same to 
be paid out by the treasurer on order of the city board of 
education. 

INSTRUCTION FOR HANDLING DISTRICT TAXES 

Special school taxes accruing to rural districts or to 
incorporated towns of less than 2,000 population should 
be paid over by the tax collector to the county treasurer 
of school funds whose duty it is to keep an accurate ac- 



PUBLIC SCHOOL LAWS OF ALABAMA 19 

count of the receipts from each district and report the 
same monthly to the county superintendent on the "re- 
ceipt side" of the special district tax pay roll, which 
should be used by the superintendent for paying out these 
funds. 

In the case of an incorporated town under the control 
of the county board, the name of the town treasurer 
should be entered on the pay roll for such amount as 
is shown to be in the hands of the county treasurer of 
school funds to the credit of that district. For the rural 
districts the names of the teachers should be entered on 
the pay roll for such amount as is to be paid from this 
fund. 

Special district taxes accruing to cities of more than 
2,000 population should be paid over by the tax collector 
to the city treasurer to be disbursed by him on order of 
the board of education. 



ARTICLE 7. 

(Sections 1697, 1698, 1699, and 1700 of this Article 
repealed by county board law found on page 10 of this 
pamphlet. 

Section 1701 is probably repealed by Municipal Code 
found on page 128 of this pamphlet.) 



ARTICLE 8. 

COUNTY SUPERINTENDENT OF EDUCATION. 

1704. (3552) (956) Oath of office and bond.— Every 
county superintendent of education, before entering 
upon the duties of his office must take oath of office pre- 
scribed by the Constitution and give bond in an amount 
to be fixed by the superintendent of education, but in no 
case to be less than double the probable amount of money 
that may be in his hands at any time, with good and suf- 



20 TUBLIC SCHOOL LAWS OF ALABAMA 

ficient sureties, and payable and conditioned as official 
bonds of other public officers. 

1705. (3553) (957) Approval and record of bond. — 
Such bond must be approved by, and, with the oath of 
office, must be filed and recorded in the office of the judge 
of probate of the county ; and a certified copy of the bond 
must also be filed in the office of the superintendent of 
education for his approval. 

1706. (3554) (958) New or additional bond; effect 
of notice to give. — The superintendent of education shall 
require of any county superintendent of education a new 
or additional bond in the same, or a different amount, as 
that of the original bond, whenever he shall find it neces- 
sary for the protection of the educational fund of the 
county; and no county superintendent of education after 
receiving notice to give such new or additional bond, shall 
continue in the discharge of the duties of his office until 
such new or additional bond is given. 

1707. (3556) (960) His duties.— The duties of the 
county superintendent of education shall be as follows : 

1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month from the beginning of the scholastic year until the 
close of the public schools of that year, be present to 
transact business with the officers and teachers of public 
schools. 

2. (This subdivision is inoperative because of act creat- 
ing a county treasurer of school funds, found on page 
17 of this pamphlet.) 

3. He shall examine into the condition of all school 
funds of his county, including the sixteenth section fund, 
and sixteenth section lands unsold in his county; and 
he is authorized and required in the name of the State 
for the use of the township, to bring all necessary suits 
for the recovery of the possession of such lands, or against. 

• trespassers thereon. 

4. He shall, as soon as he receives the annual appor- 
tionment of the educational fund to his county and the 



PUBLIC SCHOOL LAWS OF ALABAMA 21 

same has been apportioned among the districts by the 
county board of education, notify the district trustees of 
each district of the amount apportioned to each separate 
school district. 

5. He shall enter in a book or books, kept for that pur- 
pose, the exact amount and date of all moneys received 
and paid out by him on account of the educational fund 
of his county, showing by whom or to whom paid, and 
for what purpose, and also the amount of the educational 
fund apportioned to and distributed in each district for 
each race ; and such books shall be open to the inspection 
of all persons interested. 

6. He shall, on or before the fifteenth day of October 
of each year, forward to the superintendent of education, 
on blanks to be furnished him by the latter, an annual 
report of the public schools of his county for the preced- 
ing year, which shall set forth (1) the amount of school 
money received by him from all sources to the end of the 
year, specifying how much was received from each source ; 
(2) how much has been disbursed by him during such 
year, for what purpose, and the names of teachers to 
whom money has been paid, the time they taught, and 
the total amount paid to each teacher; (3) the amount 
of funds then in hand for each township or school dis- 
trict in his county; and (4) the manner in which, and 
the extent to which, he has discharged the duties required 
by law to be performed by him. 

7. He must, monthly, on the first Saturday in each 
month of each year, or as soon thereafter as practicable, 
pay the teachers of the public schools, upon the certifi- 
cate of the trustees of the district in which the school 
was taught; and in counties in which separate districts 
have been established by special laws, he shall pay over 
to the officers authorized to receive the same their pro- 
portionate shares of the school revenues at the times 
above designated. 

1708. (3557) (963) Forfeiture for failure to make 
annual reports. — If any county superintendent shall will- 
fully fail to make out and forward to the superintendent 
of education any annual report required by this article, 



22 PUBLIC SCHOOL LAWS OF ALABAMA 

within ten days after the time it should be made, he shall 
be liable to a forfeiture of his commission, to be declared 
by the superintendent of education and to removal from 
office. 

1709. (558) (962) Books and accounts liable to ex- 
amination. — The books, accounts and vouchers of the 
county superintendent of education may be examined at 
any time by the superintendent of education in person or 
by duly authorized agent. 



No. 269.) AN ACT (H. 244. 

To prescribe the duties and powers and to fix the com- 
pensation of the county superintendents of education of 
the several counties of this State. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the duties and powers of the county superintendent 
of education shall be as follows : He shall have an office 
at the county site of his county ; where he must, on every 
Saturday of each month except in the months of June, 
July and August, be present in person or by representa- 
tive to transact business with the officers and teachers of 
the public schools. He shall examine into the condition 
of all school funds of his county including the sixteenth 
section fund, and sixteenth section lands unsold in his 
county. He shall as soon as practicable, notify the dis- 
trict trustees of each district of the amount available as 
salaries of the several teachers in the district. He shall, 
when required by the county board of education, devote 
his entire time to the work of visiting and supervising the 
schools of the county when any of the public schools are 
in session, visiting all of the schools of the county as often 
as possible, and each of them at least once annually. 
When visiting a school, he shall notice carefully the con- 
dition of the schoolhouse, grounds and equipments, call- 
ing to the attention of the local trustees any apparent 
needs of the school. He shall observe the class work of 



PUBLIC SCHOOL LAWS OF ALABAMA 23 

each teacher and, when necessary, give model lessons for 
the benefit of the teacher. He shall encourage, the organi- 
zation of school improvement associations, and the build- 
ing up of school libraries. He shall make, on blanks fur- 
nished by the State department of education, monthly 
reports to the county board of education, covering fully 
and in detail his work during the preceding month, send- 
ing a duplicate report to the superintendent of education 
at Montgomery. He shall, on or before the fifteenth day 
of October of each year, forward to the superintendent 
of education, on blanks to be furnished him by the latter, 
an annual report for the preceding year, which shall set 
forth (1) The amount of school money paid into the 
hands of the treasurer of the county school funds and 
from what sources; (2) The amount disbursed by the 
treasurer and for what purpose; (3) What amounts of 
public school funds, if any, passed through his hands 
into the hands of the county treasurer of the public 
school funds and from what sources; and his annual re- 
port shall supply whatever information may be called 
for the State superintendent of education touching the 
public schools of the county. 
Approved April 8th, 1911. 



ARTICLE 9. 

(This article is repealed by the county board law found 
on page 10 of this pamphlet.) 



ARTICLE 10* 



ENUMERATION OR CENSUS OF SCHOOL CHILDREN 

1717. Census or enumeration of school children. — 
The district trustees of each public school district in this 

*See subdivision 14 of section 6 of the county board law found on 
page 13 of tbis pamphlet. 



24 PUBLIC SCHOOL LAWS OF ALABAMA 

State, whether existing under general law or created by 
special or local law, and the boards of education or school 
trustees, or other governing board or body, of any public 
school district, lying in any incorporated town or city 
in this State, shall cause to be made during the month of 
July, 1908, and every even-numbered year thereafter, an 
enumeration of all the children within school age residing 
in each of said several school districts, and to that end 
said trustees, or boards of education, or other governing 
board or body, shall select and appoint a proper and com- 
petent person to make such enumeration, on blanks to be 
prepared and provided by the superintendent of education 
of the State, and such person shall make a report of such 
enumeration under oath to the county superintendent of 
education of his county by the 15th day of August next 
succeeding the time of the taking of said census. The 
county superintendent shall then make a written verified 
report by districts to the superintendent of education of 
the State. 

1718. Compensation of enumerators. — The court Of 
county commissioners, or board of revenue, or other 
court of like jurisdiction for each county, shall fix the 
compensation of each of said persons taking such school 
census in each district, no part of which is situated in 
any incorporated town or city, and shall order the same 
paid to such persons out of the general funds in the county 
treasury of the county wherein such enumerations are 
made, and the mayor and city council, or other governing 
body, of any municipality wherein a public school district 
is situated, in whole or in part, shall fix the compensation 
of the person who shall take the school census in such 
district, and shall order the same paid out of the treasury 
of such town or city. 

7755. False or fraudulent enumeration of school chil- 
dren; penalty for. — Any person appointed to make an 
enumeration of the children within school age of any 
public school district in this State as required by law, who 
shall knowingly make a false or fraudulent enumeration 
or report of the number of children within school age 



PUBLIC SCHOOL LAWS OF ALABAMA 25 

residing in such district, shall be guilty of a misdemeanor, 
and, on conviction, shall be punished by a fine of not less 
than one hundred dollars nor more than five hundred 
dollars, and shall also be sentenced to hard labor for the 
county for not less than six months nor more than twelve 
months. 



ARTICLE 11. 

TEACHERS: QUALIFICATIONS, LICENSE, POWERS, AND 
DUTIES OF. 

1719. Board of examiners. — There shall be constituted 
a State board of examiners to be composed of the superin- 
tendent of education, who shall be the president of the 
board, and two other persons, to be appointed by him, 
who shall be teachers of extensive experience and recog- 
nized ability. The term of office of said board shall be 
co-equal with that of the superintendent of education. 

1720. (Repealed.) 

1721. List of questions prepared. — The State board of 
examiners shall prepare questions for the examination of 
teachers and the president of the State board of exam- 
iners shall cause lists of the questions so prepared to be 
printed and shall ten days before the date of each exam- 
ination send to each person appointed to conduct exam- 
inations in the counties of the State a sufficient number 
of the lists. The questions so sent shall be enclosed in a 
sealed package and the said seal shall not be broken, 
except as provided by law. 

7750. Stealing examination questions, penalty for. — 
Any person who purloins, steals, buys, receives, sells, 
gives, or offers to buy, give, or sell any examination 
questions or copies thereof of any examination provided 
by law before the date of examination for which they 
have been prepared shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than 



26 PUBLIC SCHOOL LAWS OF ALABAMA 

one hundred dollars, and may be sentenced to hard labor 
for the county for not less than six months. 

Note. — A copy of the pamphlet containing the rules and regulations 
governing the examination of teachers in Alabama may be secured 
by writing to the superintendent of education at Montgomery. A 
one cent stamp should be enclosed to cover postage. 

1722. Times for examinations of teachers. — The third 
Mondays in April, July and December are appointed for 
the examination of teachers. The examination may be 
continued from day to day for three consecutive days, if 
such continuance shall be necessary for the completion 
of the work of the examination, but no examination shall 
be begun on any other day than the first day mentioned 
in this section. No examination shall be held at any 
other time. 

1723. (Repealed.) 

1724. Examinations in counties; by whom and how 
conducted. — The regular examination shall be conducted 
in each county by the county superintendent of education 
unless for good and substantial reasons the State board 
of examiners shall deem it best to select for their service 
another person appointed for that purpose by the State 
board of examiners, and if he shall be unable, by reason 
of sickness or other unavoidable necessity to conduct the 
same, then by some other competent person appointed for 
that purpose by him. Said examination shall begin at 
10 o'clock a. m. of the day_ appointed, at which hour the 
person appointed to conduct the examination shall, in the 
presence of the applicants for examination, break the 
seal of the envelope containing the list of questions, and 
shall distribute the questions among the applicants. All 
applicants shall undergo the examination in the same 
room, or in sight of the person appointed to conduct such 
examination. 

1725. Examination fees. — Each applicant for exam- 
ination shall, before entering upon the examination, de- 
posit with the person appointed to conduct the examina- 



PUBLIC SCHOOL LAWS OF ALABAMA 27 

tion an examination fee as follows : An applicant for a 
third grade certificate, a fee of one dollar; an applicant 
for a second grade certificate, a fee of one and one-half 
dollars; an applicant for a first grade certificate, a fee 
of two dollars ; an applicant for a life certificate, a fee of 
three dollars. The fees received from the examination 
of teachers at regular examinations shall be paid into 
the State treasury to the credit of the educational fund, 
and the State auditor shall, on the requisition of the 
superintendent of education, issue warrants on the State 
treasurer, to be paid out of the educational fund, for 
the purpose of carrying out the provisions of this article, 
such as the payment of expenses for postage, for express- 
age, for clerk hire, for State board of examiners. 

1726. Compensation of the appointed members of the 
State board of examiners. — The secretary of the State 
board of examiners shall receive twenty-four hundred 
dollars per annum and the other appointed member shall 
receive twelve hundred dollars per annum payable in 
equal monthly installments out of the general educational 
fund. 

1727. Compensation of examiners. — The county su- 
perintendent or person appointed to conduct the examina- 
tion in each county shall receive ten dollars for his serv- 
ices in conducting each examination and may be allowed 
five dollars for each assistant employed; provided that 
an assistant may be employed for each fifty applicants 
or fraction thereof over and above the first fifty in any 
given county. Tables or desks shall be furnished by the 
county superintendent, of education to be used by the 
applicants on such examination ; and the county superin- 
tendent shall furnish to the State superintendent a sworn 
statement of the amount expended therefor, which amount 
shall be paid from the educational fund upon the approval 
of the State superintendent. Provided that in no case 
shall the amount allowed exceed ten cents per applicant. 

1728. Teachers shall not receive assistance on exam- 
ination. — Teachers on examination shall not be permitted 



28 PUBLIC SCHOOL LAWS OF ALABAMA 

to sit near enough to one another to read the other's 
papers, and no teacher on examination shall receive any 
assistance from any other person, or by reference to any 
book, map, or chart, or from any other source, and no 
person shall be licensed to teach who shall endeavor to 
procure any such assistance. 

1729. Statement signed by teachers. — Each teacher 
so examined shall, upon the completion of his examina- 
tion, sign a statement that he or she has not received any 
assistance in said examination from any source; which 
statement shall be kept on file by the county superin- 
tendent of education. 

1730. Applicant must be of good moral character. — 
Unless the applicant is known to the person appointed 
to conduct the examination to be of good moral character, 
or shall make satisfactory proof of the same, in writing, 
he or she shall not be admitted to the examination. 

1731. Habitual use of profane language or intoxi- 
cants. — Any one who habitually uses profane language or 
intoxicants shall be deemed of immoral character. 

1732. (3576) (983) Grades of certificates. — There 
shall be three grades of teachers' certificates, besides 
the life certificate, hereinafter provided, to be known as 
certificates of the first, second, and third grades, each 
of which must show the branches in which the holder 
has been examined, and his general average. 

1733. (3576) (983) Percentage and certificate re- 
quired. — In no case shall an applicant for a certificate 
receive the same who fails to answer fifty per cent of the 
questions propounded in any branch, and whose general 
average is below seventy-five per cent. Every teacher in 
the public schools must obtain a certificate prior to his 
employment. 

1734. (3577) (984) Branches of learning examined 
upon. — Applicants for third grade certificates shall be 



PUBLIC SCHOOL LAWS OF ALABAMA 29 

examined in the following branches: Orthography, 
reading, penmanship, grammar, practical arithmetic, 
United States history, geography, the elementary prin- 
ciples of physiology and hygiene and agriculture, and 
theory and practice of teaching ; for second grade certifi- 
cates they shall be examined in all the foregoing branches, 
with additional requirements in arithmetic, history of 
Alabama, English grammar and literature, intermediate 
geography, United States history and civics and class 
management; for the first grade certificates, they shall be 
examined in all the foregoing branches, and also in alge- 
bra, geometry, physics, elementary psychology, the school 
laws of Alabama, and advanced English; for life certifi- 
cates, the history of education. 

1735. Examinations shall be written; kind of paper 
and ink to be used. — In all examinations under this arti- 
cle, the answers shall be written on legal cap paper, with 
pen and ink. The subject or branch shall be plainly 
written at the top of the page, and the answers shall be 
numbered to correspond with the questions. 

1736. Examination papers delivered to examiner; 
transmission to board. — When an applicant shall have 
completed his examination, he shall write his name and 
address on each paper of the same, and deliver the same 
to the person appointed to conduct the examination, who 
shall enclose the papers of each applicant in a separate 
envelope, together with his certificate of the good moral 
character of the applicant, or the written proof of the 
same, on which he admitted the applicant to examination, 
and shall transmit the same to the secretary of the State 
board of examiners without delay. 

1737. Board examines and grades papers. — The State 
Iboard of examiners shall examine the papers coming to 
it under the provisions of the preceding section, as ex- 
peditiously as possible, and shall mark upon each paper 
the teacher's grade in that branch, according to the cor- 
rectness or approximate correctness of the answers. 



30 PUBLIC SCHOOL LAWS OF ALABAMA 

1738. Certificates issued. — If, upon such examination, 
it appears that the applicant is entitled to receive a 
certificate, the secretary of the board shall prepare a 
certificate in conformity with this article. The certificate 
shall be signed by the secretary of the State board of 
examiners and the superintendent of education, and shall 
be transmitted to the teacher entitled to the same. 

1739. Examination papers kept on file six months. — 
All examination papers shall be kept on file in the office of 
the superintendent of education subject to public inspec- 
tion for six months. 

1740. (3579) (985) Lifetime of certificates.— Cer- 
tificates granted under the provisions of this article shall 
entitle the holder to teach in the public schools of any 
county in this State for the following period of time : A 
third-grade certificate, two years; a second-grade certifi- 
cate, four years; and a first-grade certificate, six years 
from the date of issuance of the same. 

1741. Life certificates. — Whenever any teacher apply- 
ing for a certificate shall make proof that he has been 
engaged for five years in teaching under a first-grade 
certificate, which proof the county superintendent of edu- 
cation shall transmit to the State board of examiners, 
and shall show a high degree of proficiency and profes- 
sional attainment, such teacher may be granted a life 
certificate signed as prescribed for other certificates. 

1742. {Repealed.) 

1743. Revoking certificates. — The superintendent of 
education shall revoke the certificate of any teacher who 
shall be guilty of immoral conduct or unbecoming or in- 
decent behavior. 

1744. Register of licensed teachers. — The secretary 
of the State board of examiners shall keep a register of 
all teachers examined and licensed under this article, 
showing the name and postoffice address of each teacher,. 



PUBLIC SCHOOL LAWS OF ALABAMA 31 

and the date and grade of his certificate, and shall keep 
the same on file in the office of the superintendent of 
education, and shall devote his time, when not engaged 
in the work of examining teachers, to clerical work in 
the department of education. 

1745. Separate districts. — The provisions of this arti- 
cle shall not be construed as to prohibit separate school 
districts of two thousand inhabitants or more, having 
authority at present by their charter to examine teachers, 
to further examine teachers who have certificates granted 
under this article. 

1746. (3578) Instructions as to the nature of alco- 
holic drinks and narcotics. — Every teacher shall give in- 
structions as to the nature of alcoholic drinks, tobacco, 
and other narcotics, and their effect upon the human sys- 
tem, and such subject shall be taught as regularly as any 
other in the public schools. 

1747. Teaching agriculture in public schools. — In ad- 
dition to the branches now taught in the public schools, 
instructions shall be given in the elementary principles 
of agriculture, and said subject shall be taught as regu- 
larly as other branches are taught in said school, by the 
use of a text-book in the hands of the pupils, and such in- 
struction shall be given in all the public schools of the 
State. 

1748. (3580) (986) Register kept by teacher and 
submitted. — Every teacher of a public school must keep 
a register of the actual daily attendance of the pupils 
in his school, and must submit such register to the dis- 
trict trustees for their inspection. 

Note. — A copy of the pamphlet containing the Rules and Regula- 
tions governing the examination of teachers in Alabama may be 
secured by writing to the Superintendent of Education at Montgomery. 
A one-cent stamp should be enclosed to cover postage. 

1749. (3581) (987) Monthly report; not entitled to 
compensation until forwarded. — Every teacher of a pub- 



32 rUBLIC SCHOOL LAWS OF ALABAMA 

lie school must, within five days after the end of each 
scholastic month, forward to the county superintendent 
of education, a complete report, setting forth the enroll- 
ment, attendance, the branches taught, and the number 
of pupils in each, distinguishing between the boys and 
the girls, and stating whether a white or colored school ; 
also the number of days taught, the amount due for serv 
ices from school revenues of the district, the number of 
vists by district trustees, and the name and postoffice 
address of the teacher ; and such report must be sworn to 
by the teacher before some one of the district trustees, 
and approved by them ; and no teacher can draw any pay 
for the services rendered by him until he has forwarded 
his report in accordance with the requirements of this 
section. 

1750. (3582) (988) To be paid monthly. —The teach- 
ers of public schools shall be paid monthly, as provided in 
this chapter. 



No. 64.) AN ACT (H. 344. 

To authorize the State board of examiners to issue 
first grade certificates to graduates of certain institutions 
of higher learning of this and other States; to provide 
for the issuance of teachers' certificates to persons hold- 
ing certificates granted in other States; to authorize the 
extension of the terms of first grade certificates, of second 
grade certificates, and of third grade certificates ; and to 
repeal section 1723 of the Code of Alabama as amended 
by section 4 of an act approved August 21, 1909. 

Be it enacted by the Legislature of Alabama: 
1. That the State board of examiners is hereby author- 
ized to grant a first grade teacher's certificate without 
further examination to graduates of the class A normal 
schools of Alabama and to the graduates of such other 
institutions of higher learning in this and other states as 
may maintain departments for teacher-training meeting 



PUBLIC SCHOOL LAWS OF ALABAMA 33 

such requirements as may be .designated by the State 
board of examiners; provided, that certificates shall be 
issued only to such graduates of the different institu- 
tions as have successfully passed a minimum number of 
courses in education designated and approved by the 
State board of examiners. 

2. That the State board of examiners is hereby author- 
ized to grant a certificate of qualification to teach in the 
public schools of the State to any person holding a cer- 
tificate, license, or diploma authorizing said person to 
teach in the public schools of any other state; provided, 
that the certificate, license, or diploma shall have been 
originally issued for and in consideration of qualifications 
at least equal to those required for a certificate of the 
same grade in this State ; provided further, that the cer- 
tificate, license or diploma shall be valid in this State 
for the period for which it shall have been issued in the 
State where it was originally granted and may, in the 
discretion of the board of examiners, be made valid for 
a shorter period. For the purpose of carrying out the 
provisions of this section, it is hereby made the duty of 
any county superintendent of education under such rules 
and regulations as may be prescribed by the State board 
of examiners, to forward to the State board of examiners 
within five days after the receipt thereof, any certificate, 
license, or diploma which may have been issued in any 
other state and which may be placed in his hands with 
an application for a certificate of qualification to teach 
in this State. Said county superintendent of education 
shall accompany the certificate, license, or diploma so 
forwarded to the State board of examiners with any ma- 
terial facts of which he may have knowledge regarding 
the holder thereof. Upon receipt of the certificate, license, 
or diploma and application, the State board of examiners 
shall examine the same together with any facts relating 
thereto or to the holder thereof, which may have come 
to its notice, and shall within ten days thereafter either 
issue a certificate to applicant or transmit to the county 
superintendent from whom the application shall have 
been received, notice that the application is denied. The 
State board of examiners may, under the authority con- 

2SC 



34 PUBLIC SCHOOL LAWS OF ALABAMA 

ferred by this section, issue a first grade certificate, a 
second grade certificate, or a third grade certificate. 

3. That the State board of examiners is hereby author- 
ized to extend consecutively from year to year for a 
period of one year at a time and for a total of not more 
than four consecutive years, any first grade certificate, 
any second grade certificate, or any third grade certifi- 
cate; provided, that the holder of any such certificate 
shall have attended some institution of higher learning 
for at least six weeks and shall have pursued a course of 
professional study designated and approved by the State 
board of examiners during the year next preceding the 
one for which extension of certificate for one year is 
.sought to be granted. 

4. The applicant for a certificate or for the extension 
-of any certificate under the provisions of this act shall 
pay the same fees as are now charged applicants for cer- 
tificates of the same grade. 

5. That section 1723 of the Code of Alabama of 1907, 
as amended by section 4 of an act approved August 21, 
1909, be and the same is hereby repealed. 

6. All laws or parts of laws in conflict with the provi- 
sions of this act be and the same are hereby repealed. 

Approved February 17, 1915. 



No. 162.) AN ACT (S. 165. 

To authorize the State board of examiners to issue 
■emergency certificates good until the July, 1919, examina- 
tion. 

Be it enacted by the Legislature of Alabama: 
1. That, inasmuch as there is a dearth of teachers in 
the State, and schools in a number of counties have been 
unable to open because teachers holding State certificates 
are not available, the State board of examiners is hereby 
authorized, under such rules and regulations as the board 
may deem right and proper, to issue emergency certifi- 
cates good until the July, 1919, examination. 



PUBLIC SCHOOL LAWS OF ALABAMA 35 

2. That said emergency certificates shall be classified 
as first, second, or third grade certificates, and the person 
to whom any such emergency certificate may be issued 
shall pay the same fee as for a regular certificate of cor- 
responding grade. 

3. That all laws or parts of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

Approved February 18, 1919. 



CRIMINAL PROVISIONS OF PUBLIC SCHOOL LAW. 

6413. Injuring or defacing public or private build- 
ings, or fences thereof. — Any person who willfully in- 
jures or defaces any church, or schoolhouse, or building 
belonging to the State, or to any -county, city, town, or 
person, or writes or draws figures, letters, or characters, 
on the walls thereof, or on the fences or inclosures thereof, 
must, on conviction, be fined not less than ten nor more 
than one hundred dollars, and may also be imprisoned in 
the county jail, or sentenced to hard labor for the county, 
for not more than three months ; and the fine goes to the 
injured party. It shall not be necessary to aver or prove 
the ownership of any church or schoolhouse in prosecu- 
tions under this section. 

6769. Disturbing people met for school purposes or 
holiday. — Any person who willfully disturbs any school,, 
or other assemblage of people, met for any lawful pur- 
pose, or for amusement or recreation on a holiday for a 
school, must, on conviction, be fined not less than five nor 
more than fifty dollars. 

6834. Embezzlement by using school money for other 
than school purposes. — Any person into whose hands, or 
under whose control, any of the public school money may 
come, who uses or permits the use of the same, or any 
part thereof, except for purposes of the public schools, 
and in accordance with the law regulating the public 
schools, and providing for the disbursement of the public 



36 PUBLIC SCHOOL LAWS OF ALABAMA 

school money, is guilty of embezzlement, and, on convic- 
tion, must be punished as if he had stolen it. 

6897. Shooting, throwing missiles into, etc., dwelling 
and other houses. — Any person who shoots a pistol or 
other firearm or slingshot, or who throws a stone or 
other missile at, into, in, through, or against a dwelling 
house, schoolhouse, church building, factory, storehouse, 
courthouse, or house or building used for manufacturing 
purposes, or any house or building used for the assem- 
blage of people for business or pleasure, shall be guilty 
of a misdemeanor, and, on conviction thereof, shall be 
fined not more than one thousand dollars, and may be sen- 
tenced to hard labor for the county for not longer than 
twelve months. 

[Schoolmaster stands in loco parentis and' may, in a proper case, 
inflict corporal punishment ; but is criminally liable for an abuse 
of his authority.— Boyd v. State, 88 Ala. 169 ; McCormack v. State, 
102 Ala. 156.] 

7750. Stealing examination questions, penalty for. — 
Any person who purloins, steals, buys, receives, sells, 
gives, or offers to buy, give, or sell any examination 
questions or copies thereof any examination provided 
by law before the date of the examination for which they 
had been prepared shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be fined not less than one 
hundred dollars, and may be sentenced to hard labor for 
the county for not less than six months. 

7751. Use of other than contract books in public 
schools. — Any teacher who shall use or permit to be used 
in his or her school any text-book upon the branches for 
which text-books are adopted, where the commission has 
adopted a book upon the branch, other than the one so 
adopted, except supplementary books, shall be guilty of 
a misdemeanor, and, upon conviction, shall be punished 
by a fine of not less than ten dollars nor more than fifty 
dollars. 

7752. Charging more than contract price for school 
books. — Any local agent, dealer, clerk, or other person 



PUBLIC SCHOOL LAWS OF ALABAMA 37 

handling or selling the books adopted as school text-books, 
who shall demand or receive for any copy of any of the 
books so adopted more than the contract price, in cases 
where the purchase is for cash, shall be guilty of a mis- 
demeanor, and, upon conviction, shall for each offense be 
punished by a fine of not less than fifty nor more than 
five hundred dollars. 

7753. Text-book provisions; violation of, penalty. — 
Any person or teacher violating the provisions of article 
18 of chapter 41 of this Code as to text-books, shall be 
guilty of a misdemeanor and, upon conviction, shall be 
fined not less than ten dollars nor more than fifty dollars. 

7754. Schoolhouse warrants or proceeds, wrongful 
application of; penalty. — Any person who shall knowingly 
use or apply or authorize the use or application of the 
proceeds, or any part thereof, of any warrant delivered 
to him under article 31 of chapter 41 of this Code, for 
the purpose or objects other than as required by said 
articles, shall be guilty of a misdemeanor and, on convic- 
tion, shall be fined not less than two hundred dollars nor 
more than one thousand dollars, and may also be impris- 
oned in the county jail or sentenced to hard labor for the 
county for not more than six months. 

7755. False or fraudulent enumeration of school chil- 
dren; penalty for. — Any person appointed to make an 
enumeration of the children within school age of any 
public school district in this State as required by law, 
who shall knowingly make a false or fraudulent enumera- 
ation or report of the number of children within school 
age residing in such district, shall be guilty of a misde- 
meanor, and, on conviction, shall be punished by a fine 
of not less than one hundred dollars nor more than five 
hundred dollars, and shall also be sentenced to hard labor 
for the county for not less than six months nor more than 
twelve months. 



38 PUBLIC SCHOOL LAWS OF ALABAMA 

ARTICLE 13. 

CHILDREN AND PUPILS ELIGIBLE TO PUBLIC SCHOOLS 

1755. (3595) (1000) Pupils entitled to instruction 
in public schools. — Every minor over the age of seven 
years shall be entitled to admission into, and instruction 
in any public school of his or her own race or color in 
this State. 

1756. (3597) When non-residents entitled to school 
privileges. — Any parent or guardian residing within the 
State who shall pay a local or special tax on real estate 
valued at five hundred dollars or more, in any city or 
school district, shall be entitled to the privilege and bene- 
fits of the public schools in such city, or school district, 
for their children, the same as parents and guardians 
resident therein. The provisions of the charter of any 
municipality, or separate school district, in conflict here- 
with, are expressly repealed. 

1757. (3600) (1003) Separate schools for the two 
races. — In no case shall it be lawful to unite in one school 
children of the white and colored races. 



No. 470.) AN ACT (H. 319. 

To compel the attendance at school of children within 
certain ages in the State of Alabama ; to fix exceptions to 
such provisions ; to provide means for the enforcement of 
this act; to require reports from private or parochial 
schools; to make it unlawful for any parent, guardian, 
or other person occupying the place of parent, to violate 
the provisions hereof; to make it unlawful for any per- 
son, firm, corporation, or association to employ any child 
in violation of the provisions of this act ; and to fix punish- 
ments and penalties for the violations of this act. 

Be it enacted by the Legislature of Alabama: 



PUBLIC SCHOOL LAWS OF ALABAMA 39 

1. That on and after the first day of October, 1917, 
every parent, guardian, or other person in the State of 
Alabama having control or charge of any child or chil- 
dren between the ages of eight and fifteen years inclusive, 
shall be required to send such child or children to a public 
school or to a private, denominational, or parochial school 
taught by a competent instructor, and such child or chil- 
dren shall attend school for at least eighty days during 
each and every scholastic year ; provided, that the county 
board of education, or in the case of an incorporated city^ 
or town, the city or town board of education, shall have 
power to reduce the period of compulsory attendance to 
not less than sixty days for any individual school; pro- 
vided further, that the period of compulsory attendance 
for each school shall commence at the beginning of the 
school, unless otherwise ordered by the county board of 
education or by the board of education of an incorporated 
city or town, as the case may be. 

2. That any or all children who have completed the 
elementary course of study of seven grades or the equiva- 
lent thereof, shall be exempt from the provisions of this 
act, and in case there be no public school within two and 
one-half miles by the nearest traveled road of any person 
between the ages of eight and fifteen years inclusive, he 
or she shall not be subject to the provisions of this act 
unless public transportation within reasonable walking 
distance is provided; provided further that the teacher 
of any school, with the approval of the attendance officer, 
shall have the authority in the exercise of a sound discre- 
tion to permit the temporary absence of children from 
the school, between the ages of eight and fifteen years 
inclusive, in extreme cases of emergncy or domestic 
necessity. 

3. That any or all children who are physically or men- 
tally incapacitated for the work of the school are exempt 
from the provisions of this act, but the school authorities 
shall have the right and they are hereby authorized when 
such exemption under the provisions of this act is claimed 
by any parent, guardian, or other person having control 
of such child or children, to require from a practicing 
physician a properly attested certificate that such child 



40 PUBLIC SCHOOL LAWS OF ALABAMA 

or children should not be required to attend school for 
some physical or mental condition which renders his at- 
tendance impractical or inexpedient. 

4. That in any cases where because of extreme poverty, 
the services of such child are necessary for his own sup- 
port or the support of his parents, as attested by an affi- 
davit of said parents and such witnesses as the attendance 
officer hereinafter provided for may require, or in any 
case where such parent, guardian, or other person having 
control of the child, shall show before any justice of the 
peace by affidavit of himself and of such witnesses as the 
attendance officer hereinafter provided for may require, 
that the child is without necessary books and clothing for 
attending school and that he is unable to provide the 
necessary books and clothes, then said child may be ex- 
cused from the provisions of this act until, through charity 
or other means, books and clothing shall have been pro- 
vided, and thereafter the child shall no longer be exempt 
from such attendance. 

5. That the county boards of education 'shall divide 
their respective counties exclusive of all cities and towns, 
into not less than one or more than five attendance dis- 
tricts, and said board shall appoint an attendance officer 
for every district created, who shall hold his office at the 
will of the county board of education, and the boards of 
education of all cities and towns shall appoint one or more 
attendance officers for their respective cities and towns 
to serve at the pleasure of the appointing board. 

6. That at the beginning of the annual period of com- 
pulsory attendance, the State superintendent of educa- 
tion or the county superintendent of education, as the 
case may be, shall supply to each principal teacher in each 
school a list of all children between the ages of eight and 
fifteen years inclusive, who shall attend such school. At 
the end of the fifth day of the compulsory attendance 
period of any school, the principal teacher shall report 
to the attendance officer of the attendance district, the 
names and addresses of all persons between the ages of 
eight and fifteen years, inclusive, who have not enrolled 
in said schools, and throughout the compulsory attendance 
period, the principal teacher of each school shall report 



PUBLIC SCHOOL LAWS OF ALABAMA 41 

to the attendance officer of the attendance district the 
names and addresses of all pupils between the ages of 
eight and fifteen years, inclusive, who are absent for five 
consecutive days and whose absence is not satisfactorily 
explained by the parent, guardian, or other person having 
control of the child. 

7. That it shall be the duty of the attendance officer to 
investigate all cases of non-enrollment and non-attend- 
ance reported to him in accordance with section 6. In 
all cases investigated where no valid reason for non-en- 
rollment or non-attendance is found, it shall be the duty 
of the attendance officer to give written notice to the 
parent, guardian, or other person having control of the 
child, and in the event of the absence of the parent, 
guardian, or other person having control of the child, 
from his or her usual place of residence, the attendance 
officer shall leave a copy of the notice with some person 
over twelve years of age residing at the usual place of 
residence, with instructions to hand such notice to such 
parent, guardian, or other person having control of such 
child, which notice shall require the attendance of said 
child at such school within three days from date of said 
notice. 

8. That if within three days from date of service of 
the notice, the parent, guardian, or other person having 
control of the child, does not comply with the provisions 
of this act, then the attendance officer shall make com- 
plaint in the name of the State of Alabama against such 
parent, guardian or other person having control of such 
child, in a court of record of such county, which court is 
hereby clothed with jurisdiction over all offenders and 
the proceedings under this act, with full power to hear 
and try all complaints, impose fines, enforce their collec- 
tion, by imprisonment if necessary, and fully execute the 
provisions of this act. 

9. That it shall be unlawful for any merchant, cor- 
poration, company, or other person, without the written 
permit of the county board of education or the board of 
education of any incorporated city or town, as the case 
may be, to employ during school hours any child between 
the ages of eight and fifteen years, inclusive, unless such 



42 PUBLIC SCHOOL LAWS OF ALABAMA 

child is exempt under the provisions of sections 2, 3, or 4 
of this act ; provided, that any parent, -guardian, or other 
person having control of such child delinquent in school 
attendance, or any merchant, corporation, company, or 
other person violating the provisions of this act, shall be 
guilty of a misdemeanor and shall be fined in a sum not 
less than five dollars nor more than fifty dollars, and may 
be committed to the county jail for a term of not to exceed 
thirty days ; provided, that all fines collected shall be paid 
into the county treasury; provided further, that it is 
hereby made the duty of all city attorneys in their respec- 
tive cities, and all county and circuit solicitors for the 
districts of their respective counties and for such incor- 
porated cities and towns as do not employ a city attorney, 
to prosecute all complaints filed and actions brought under 
this act. 

10. All school officers, including those in private, de- 
nominational, or parochial schools in this State, offering 
instructions to pupils within the compulsory attendance 
ages, are hereby required to make and furnish all reports 
that may be required by the State superintendent of edu- 
cation and by the county superintendent of education or 
by the board of education of any incorporated city or 
town, with reference to the workings of this act. Every 
teacher employed in the public schools of the State of 
Alabama is hereby required, before receiving each month's 
salary, to make a report to the county superintendent 
of education, or to the superintendent or principal of an 
incorporated city or town in which he may be employed, 
showing the names and addresses of all pupils who have 
been truant or habitually absent from school during the 
previous month, and stating the reasons for such truancy 
or habitual absence, if known; provided, that all such 
cases of said truancy shall be brought to the notice of 
the attendance officer by the county superintendent or by 
the superintendent or principal of the school in any incor- 
porated city or town, as the case may be, and the same 
shall be investigated by said officer. 

11. That in case that any pupil has become habitually 
truant or a menace to the best interests of the school 
which he is attending or should attend, then it shall be 



PUBLIC SCHOOL LAWS OF ALABAMA 43 

the duty of the attendance officer to report such fact and 
condition to the parent, guardian, or other person having 
control of such child, who shall be held liable under the 
provisions of this act for the regular attendance and good 
conduct of such child, unless such parent, guardian, or 
other person having control of such child shall state in 
writing to the attendance officer that he or she is unable 
to control such child, whereupon said attendance officer 
shall proceed against such incorrigible pupil as a disor- 
derly person before a court of competent jurisdiction, and 
said child upon conviction may be sentenced, if a white 
boy, to the Alabama Boys' Industrial School ; or if a white 
girl, to the Mercy Home and Industrial School; or if a 
negro boy, to the Alabama Reform School for Juvenile 
Negro Law-Breakers ; or if a negro girl, to such custodial 
institutions in the State as the judge may designate and 
for such time as the court may decide ; provided, that the 
maintenance of such child in the institution shall be paid 
as the law provides for the maintenance of such as are 
committed to the aforesaid institutions, and in all cases 
where a child is so committed, it shall be placed in charge 
of some suitable person designated by the court and con- 
veyed under his direction to the designated institution, 
and the actual necessary expenses thereby incurred shall 
be paid by the board of county commissioners or the 
county board of revenue; provided, that a woman shall 
always be sent to accompany girls so committed. 

12. That the attendance officer, whose appointment is 
by this act provided for, shall keep an accurate record 
of all notices served, all cases prosecuted, and all other 
services performed, and shall make an annual report of 
. the same to the county board of education, or in the case 
of an incorporated city or town, to the city or town board 
of education by whom he is employed. Said attendance 
officers who are appointed by the county board of educa- 
tion shall receive from the county treasury not more than 
three dollars for each day of actual service, and the at- 
tendance officers appointed by the board of education of 
any incorporated city or town shall receive from the treas- 
ury of said city or town not more than three dollars for 
each day of actual service. Said attendance officers shall 



44 PUBLIC SCHOOL LAWS OF ALABAMA 

be paid as other employees of the county or of the incor- 
porated cities or towns, as the case may be, are paid; 
provided, that no attendance officer shall receive any com- 
pensation under the provisions of this act until he shall 
have filed an itemized statement of the time employed 
in such service and until the same shall have been certified 
to by the county superintendent of education, or by the 
secretary of the board of education in an incorporated city 
or town, as the case may be, in which said attendance 
officer is employed, provided further, that no attendance 
officer shall be paid for more days service in any one year 
than the number of days the school is in session that year. 

13. That in order that the provisions of this act may 
be more definitely enforced, the county superintendent of 
education shall, not later than ten days before the com- 
pulsory attendance term, furnish to each principal teacher 
of a rural school, and to the superintendent or principal 
of the school or schools in any incorporated city or town, 
a list of all the children from eight to fifteen years of age, 
inclusive, who should attend the school or schools under 
the charge of the said principal teacher of a rural school, 
or of the superintendent or principal of a school or schools 
in any incorporated city or town, as the case may be,, 
giving the name, date of birth, age, sex, race, and esti- 
mated distance from the schoolhouse by the nearest trav- 
eled road, the name and address of parents, guardian, or 
other person in parental relationship. 

14. That the information required under section 13 
shall be prepared by the county superintendent of educa- 
tion during the even numbered years, from the census 
booklets on file in his office, and in the odd numbered 
years, it shall be prepared by the county superintendent 
of education by correcting and supplementing the list 
prepared and furnished by him the preceding year; and 
to this end the district trustee or trustees of any rural 
school, and the secretary of the board of education in 
any incorporated city or town, shall furnish to the county 
superintendent of education on or before the fifteenth 
day of August of each odd numbered year, a list of all 
pupils who have removed from the bounds of the school 
or schools, as the case may be, and an additional list giv- 



PUBLIC SCHOOL LAWS OF ALABAMA 45 

ing the name, date of birth, age, sex, race, and estimated 
distance from the schoolhouse by the nearest traveled 
road, and the name and address of the parent, guardian, 
or other person in parental relationship of those pupils 
who have moved within the bounds of the school or have 
become eight years of ace since the last school census. 
Approved September 15, 1915. 



No. 221.) AN ACT (S. 170. 

To require private, denominational, and parochial 
schools to make school reports. 

Be it enacted by the Legislature of Alabama: 

1. That all private, denominational and parochial 
schools, or private, denominational and parochial institu- 
tions of any kind having a school in connection therewith, 
shall be required to report on uniform blanks furnished 
by the State superintendent of education, and at the time 
for making such reports, such statistics as relate to the 
number of pupils and instructors, enrollment, attendance, 
course of study, length of term, cost of tuition, funds, 
value of property, and the general condition of the school. 

2. All private, denominational or parochial schools 
offering instruction within the compulsory attendance 
ages shall keep all records and make all reports that may 
be required in any compulsory attendance law now in 
force or that may hereafter be enacted in the State of 
Alabama, and no pupil attending any private, denomina- 
tional, or parochial school which fails to comply with 
the requirements of this act shall be considered to have 
met the legal requirements of such compulsory attendance 
law. 

Approved August 16, 1915. 



46 PUBLIC SCHOOL LAWS OF ALABAMA 

ARTICLE 14. 

EXAMINATIONS IN PUBLIC SCHOOLS. 

1758. (3599) (1002) Public examinations, and cer- 
tificates to pupils. — Public examinations must be held in 
the public schools at least once in every year; and when 
the board of education shall be satisfied that any pupil 
has become thoroughly educated in all the branches of 
free instruction in any one of such schools, they shall 
give to him or her a certificate to that effect. 



ARTICLE 15. 
SCHOLASTIC PERIODS. 

1759. (3598) (1001) Scholastic periods. — The scho- 
lastic year shall begin on the first day of October of each 
year, and end on the thirtieth day of September of the 
following year; twenty days shall constitute a school 
month, and a school day shall be not less than six hours. 



ARTICLE 16. 

APPORTIONMENT OF SCHOOL FUNDS; DISBURSEMENT 

1760. (3601) (1004) State auditor certifies amount 
of educational fund; superintendent apportions. — On the 
first day of October of each year, or as soon thereafter as 
practicable, the State auditor shall certify to the superin- 
tendent of education the amount of money which has 
accrued and been placed by him to the credit of the edu- 
cational fund for the scholastic year commencing on that 
day, stating specifically the amount derived from each 
source, and any unexpended balance there may be from 
the appropriation of the previous year to be carried for- 
ward; and the amount so certified shall be apportioned 
by the superintendent of education, and be drawn and dis- 
bursed as provided by law. 



PUBLIC SCHOOL LAWS OF ALABAMA 47 

1761. (3602, 3605) (1005, 1008) Contingent ex- 
penses and amount for normal schools set apart;' residue 
apportioned. — As soon as such certificate is received by 
the superintendent of education, he shall set apart the 
following amounts for normal schools, to-wit: For the 
normal schools at Florence, Troy, Jacksonville and at 
Livington, twenty thousand dollars each; and for the 
normal schools at Moundville and Daphne, five thousand 
dollars each; and for other normal schools, such sums 
as are provided by law, and he shall then apportion all the 
remainder of such funds, as far as practicable, among 
the several counties in the State in proportion to the 
number of school children of school age therein, according 
to the latest returns of enumeration of school population 
of the counties which have been made to his office, but if 
such enumerations have not been made as provided by 
law, or have not been reported to him by the county 
superintendent of education, and the superintendent of 
education has not caused a new enumeration to be made,, 
he shall then apportion to each county according to the.' 
best information he can obtain of the entire number, of 
children of school age in such counties, but in no event 
shall he, in case of such failure to enumerate or report 
all the children of school age in the respective counties, 
estimate the school population of any county at more 
than the last official report to his office. 

1762. (363) (1006) Amounts apportioned certified 
to auditor; no warrants drawn in excess; balance unap- 
portioned certified to treasurer. — As soon as such amounts 
have seen set apart, and such apportionment has been 
made, the superintendent of education shall certify to 
the State auditor the amount set apart for each particular 
purpose or appropriation, and the total amount of the ap- 
portionment to the several counties, and the State auditor 
shall see that no warrants are drawn against the educa- 
tional fund, for any purpose, for any amount in excess 
of the amounts so certified as set apart and apportioned ; 
and he shall certify to the State treasurer the amount of 
the school revenue, exclusive of poll tax, unapportioned 
by the superintendent of education, and the treasurer 



48 PUBLIC SCHOOL LAWS OF ALABAMA 

shall set apart the amount out of any money received from 
the taxes of the current year, and he shall keep the 
same separate and apart from all other revenues, and 
shall not pay out any of such money except upon warrants 
for school purposes. 

1763. Supe7'intendent must certify and report amount 
of school fund apportioned to the several counties to the 
county superintendents of education. — As soon as prac- 
ticable after the superintendent of education has appor- 
tioned to the several counties the amount of school funds 
in proportion to the number of school children of school 
age therein, he shall certify and report the amount to the 
respective county superintendents of education, or to the 
county board of education in case there is no county su- 
perintendent of education, taking their receipts for such 
amounts so certified. 

1764. (3604) (1007) Interest on sixteenth-section 
or other trust fund first set apart; effect of apportion- 
ment. — In making the apportionment of school money to 
the several districts, the superintendent of education shall 
first set apart to each township or other school district 
the amount due from the State thereto as interest on its 
sixteenth-section fund, or other trust fund, held by the 
State; and all townships or school districts, having an 
income from such source, or from the lease or sale of 
sixteenth-section lands, shall not receive anything out 
of the balance of the educational fund to be apportioned, 
until all other townships or school districts, having no 
trust fund shall have received from the general fund 
such amount as will give them an equal per capita appor- 
tionment with the townships or districts having such 
income. 

1765. Apportionment of school funds to school dis- 
tricts of the several counties. — As soon as practicable 
after the superintendent of education has apportioned 
the school funds to the several counties and has certified 
the same to the county superintendents of education, the 
county boards of education shall apportion the funds 



PUBLIC SCHOOL LAWS OF ALABAMA 49 

awarded to their county to the several school districts in 
their counties, so as to provide, as nearly as practicable, 
school terms of equal duration in such school districts. 

1766. Report of apportionment by county boards of 
education to superintendent of education. — As soon as 
practicable after the county boards of education have 
apportioned the school funds of their country for any 
scholastic year to the several school districts, they shall 
report in writing their proceedings to the superintendent 
of education, showing the amounts apportioned to the 
several school districts. 

1767. County boards must keep record of apportion- 
ment. — County boards of education must keep a record 
of each and every apportionment of school funds of their 
counties to the several school districts. 

1768. (3606) (1009) Apportionment recorded, and 
certified to county superintendents; when contracts for 
school invalid. — As soon as such apportionment is com- 
pleted, the superintendent of education shall have the 
same recorded in his office, in books kept for that pur- 
pose, showing the amount which has been apportioned 
to each district, and the sources from which the same 
was derived, the amount to each district, and the number 
of children in the district upon which the apportionment 
was based; and he shall then furnish to each county su- 
perintendent of education a certified copy from such 
books, showing the dividends of the educational fund to 
each township or district under the latter's supervision; 
and the amount so divided and certified shall be the total 
amount which each of said school districts shall be en- 
titled to receive from the State, except the poll tax, during 
the current scholastic year; and no contract to pay any 
school or schools, for any district more than the amount 
thus apportioned to it, together with such poll tax as it 
may receive, and such funds as may be in hand from any 
previous year, shall be valid against the State or town- 
ship. 



50 PUBLIC SCHOOL LAWS OF ALABAMA 

1769. (3607) (1010) Poll tax received by each coun- 
ty. — Each county shall receive as school money all the 
poll tax collected therein; and the same shall be its full 
distributive share of the aggregate poll tax collected in 
this State. 

(See section 2199 of the Code.) 

1770. (3609) (1012) Amounts due each county ap- 
portioned and certified to auditor. — The superintendent 
of education shall, by the tenth day of October in each 
year, or as soon thereafter as practicable, apportion to 
every county the amount of school money such county 
will be entitled to receive for the scholastic year from all 
sources except such special tax, if any, levied for school 
purposes in any county ; and he shall certify the same to 
the State auditor. 

1776.* (3617) (1016) Apportionment and expendi- 
ture of local school money. — All local school funds raised, 
for the support of public schools by taxation or other- 
wise shall be apportioned and expended in the district or 
districts or counties in which the same were raised, under 
such rules and regulations as the district trustees, or other 
local authority provided by law, may prescribe; but this 
section shall not be construed to repeal any provision for 
the apportionment and disbursement of money mentioned 
in this chapter, or provided for in special or local laws; 
and all funds contributed by persons, or otherwise, to 
such district, shall be applied as indicated in the grant 
from such contributors ; and no school moneys distributed 
to the various counties from the State school revenue shall, 
either directly or indirectly, be paid for the erection of 
schoolhouses, for the use of schoolroom furniture, or any 
other contingent expenses of schools. 

1777. (3618) (1017) Apportionment of income from 
trust fund when township divided. — Whenever a town- 
ship or district which has an income from a trust fund 
is divided by a State or county line, or otherwise, into 



*See law for local taxation at end of article 16, page 52. 



PUBLIC SCHOOL LAWS OF ALABAMA 51 

separate districts, or includes a city which is a separate 
school district, such income must be divided between and 
apportioned to each school district in such township or 
district, according to the school population of each. 

1778. (3620) (1019) Fund once apportioned, not 
used for other purposes until reapportioned. — Funds 
which have accrued and have been apportioned to any 
district or race shall not be used for the benefit of any 
other district or race until the same shall have been re- 
apportioned under the provisions of this Code. 

1779. (3621) (1020) What part of income new dis- 
tricts are entitled to. — Whenever any separate school dis- 
trict is created, which shall embrace parts of two or 
more districts, such district shall receive its proportion- 
ate share of the income from any trust fund belonging to 
either or both of such districts, according to its school 
population. 

1780. (3622) (1021) Contingent fund for depart- 
ment of education. — The State treasurer shall annually 
set apart, out of any money in the treasury, the sum of 
three thousand dollars as a contingent fund for the de- 
partment of education; and whenever it shall become 
necessary to draw on such fund, the superintendent of 
education shall certify the amount necessary, and for 
what purpose, to the auditor, who shall draw his warrant 
on the treasurer for such amount. The superintendent 
-of education shall keep an accurate account of all sums 
which he shall certify to be paid out of such contingent 
fund, and shall furnish an itemized statement thereof to 
the governor each year, with his annual report. Out of 
this fund the superintendent of education shall also pro- 
vide plans, specifications and blue prints for the use of 
such rural school districts as may desire to erect, with 
-State aid, new school buildings. 



52 PUBLIC SCHOOL LAWS OF ALABAMA 

No. ) AN ACT (S. 82. 

To provide for elections to authorize any county in the 
State to levy and collect a special county tax for public 
schools not to exceed thirty (30) cents on each one hun- 
dred dollars ($100) worth of taxable property in such 
county ; to authorize any school district, in any county that 
may be levying special county taxes for school purposes of 
not less than thirty (30) cents on each one hundred dol- 
lars ($100) worth of taxable property in such county, to 
levy a special district tax for school purposes not to ex- 
ceed thirty (30) cents on each one hundred dollars ($100) 
dollars worth of taxable property in such school district ; 
and to authorize boards of education to issue interest- 
bearing warrants to erect, repair and equip school build- 
ings and to otherwise improve school facilities. 

Be it enacted by the Legislature of Alabama: 
1. That upon a petition signed by two hundred or more 
qualified electors of any county, to the court of county 
commissioners or other governing body, in any county 
within the State of Alabama, said court of county com- 
missioners or other governing body shall order an election 
to be held at the time specified in said petition to deter- 
mine whether or not a special tax shall be levied for 
public school purposes within said county and upon re- 
quest of the county board of education or of the board of 
education of any city of 2,000 or more inhabitants as the 
case may be, to the court of county commissioners or 
other governing body, said court shall order an election 
to be held at the time requested by the said board of edu- 
cation to determine whether or not a special tax shall be 
levied for public school purposes within any school dis- 
trict in any county under the control of such board ; pro- 
vided that no election in any school district shall be held 
for the purpose of levying and collecting a special school 
tax for school purposes unless the county in which said 
district is located shall be levying and collecting special 
county taxes for school purposes of not less than thirty 
(30) cents on each one hundred ($100) dollars worth of 
taxable property in such county. The sheriff must give 



PUBLIC SCHOOL LAWS OF ALABAMA 53 

notice at least thirty days before any election to be held 
under this act by publication in some newspaper in the 
county, if any is published therein, and if not, by writing 
posted at the courthouse door and at three other public 
places in the county of the time of holding, and when any 
election is to be held for a special tax for school purposes 
in any school district, written notice shall be posted in 
three public places within said district thirty days prior 
to said election. Said publications, both for special coun- 
ty and district elections for school purposes shall show 
the rate of such proposed tax, the time it is proposed to 
be continued, and the purpose for which the levy is pro- 
posed to be made. 

2. That the inspectors and officers of the special county 
election shall be appointed and such election shall be 
held, and the results of such election shall be declared in 
the same manner and by the same officers as the results of 
the regular election for county officers under the general 
election laws of the State ; provided that the election may 
be held at the time for holding any regular election in 
the county, and if held at such time the inspectors and 
officers of the general election shall conduct at the same 
time the election herein provided for, and for such serv- 
ices they shall receive no compensation other than that 
allowed them for the holding of the general election ; but 
if the election is held at some other time than that of 
holding the regular election within the county, then the 
election officers shall receive the same pay as that for 
holding a general election. 

3. That upon a written request of the county board of 
education or of the board of education of any city of 2,000 
or more inhabitants for a special election in any school 
district under the control of such board, the court of 
county commissioners or other governing body shall call 
an election at the time and for the district as requested by 
the said board of education, and shall appoint three man- 
agers and one returning officer for each voting place in 
the school district, to conduct and make return of such 
election in the school district, and in the event such elec- 
tion officers fail to appear at the polling place to which 
they are appointed, the officer or officers who do appear 



54 PUBLIC SCHOOL LAWS OF ALABAMA 

shall appoint some one to take their places; provided; 
that all election officers shall be qualified electors of the 
district in which they serve ; and it shall be the duty of the 
sheriff to notify all officers of their appointment by the 
court of county commissioners or other governing body. 
The managers of such election shall open the polls at eight 
o'clock a. m., and close the same at five o'clock p. m., on 
the day of the election, and immediately after closing the 
polls, shall ascertain the results of the election at their 
respective voting places and make returns of the same to 
the court of county commissioners or other governing 
body of the county, and deliver the ballot-boxes containing 
the returns with the polling-lists, tally-sheets, and other 
necessary papers, to the returning officers of such voting 
places, who shall deliver the same to the court of county 
commissioners, or other governing body, on or before 
noon of the second day after said election. The court of 
county commissioners or other governing body, shall 
within four days after said election, canvass the returns 
so made and under oath make a written report declaring 
the result of said election in said school district, showing 
the number of votes cast both for and against the pro- 
posed taxation. A copy of such report shall be printed in 
some newspaper published in the county, and the original 
shall be filed in the office of the probate judge. Except 
as otherwise provided herein, said election shall be held 
under the general laws of the State. The officers, includ- 
ing the sheriff, shall perform the same duties and receive 
the same pay as provided for under the general election 
laws aforesaid; and all costs and fees of said election 
shall be paid out of the county treasury. 

4. That in order to make it possible to work out a sys- 
tem of local tax units adapted to the needs of the whole 
county, the county board of education may of its own 
initiative, fix the boundaries of any school district in 
which it is proposed to levy a local school tax. In making 
application for a special election in any such district as 
provided in section 3 of this act, the county board of 
education shall submit a map made by the county surveyor 
or other competent person showing the boundaries of the 
school district for which the special tax levy is proposed, 



PUBLIC SCHOOL LAWS OF ALABAMA 55 

indicating the section or sections, townships and ranges, 
together with a correct description of the boundaries of 
said district. This map shall also show the location of 
public utilities such as power plants, railroad, telephone 
and telegraph lines, if any, in such district, and the rail- 
road mileage for each and every corporation having prop- 
erty therein. The county superintendent shall include a 
full and correct description of such boundaries in the 
minutes of the county board of education and shall also 
furnish a full and correct description of such boundaries 
to the State department of education, to the State board of 
equalization and to the probate judge of the county who 
shall record the same in a book to be kept by him for that 
purpose, provided that the tax levy in any district already 
voted is hereby confirmed, but it is made the duty of the 
county board of education to have a proper map of such 
district made and recorded as herein, provided ; provided 
further, that the levy of a district school tax shall operate 
to fix the boundaries of such district for the time of such 
special levy, except as hereafter provided; and provided 
further that any city of 2,000 or more inhabitants shall 
constitute an independent school district for the purpose 
of levying the tax authorized under this act. 

5. That when it shall seem desirable to enlarge any 
special tax district, by consolidating with it any adjacent 
school territory or district which may, or may not, be 
levying any special school tax, the county board of educa- 
cation may petition the court of county commissioners or 
other governing body, to call an election in all of the dis- 
tricts concerned including the special tax district pro- 
posed to be enlarged, to determine whether a special tax 
for a uniform rate and time shall be voted in each and 
every one of the districts, provided that the proposed 
rate and time shall not be less than the maximum rate in 
any district or the maximum time in any district. There- 
upon the said board of county commissioners or other 
governing body shall call an election in like manner as 
already prescribed in section three of this act, in the 
several districts proposed to be consolidated and if a 
majority of the qualified electors in each and all of the 
districts proposed to be consolidated shall vote favorably, 



56 PUBLIC SCHOOL LAWS OF ALABAMA 

the districts shall be consolidated into a new district and 
the tax as voted shall be levied and collected in the new 
district as a unit, but the creation of the new ristrict 
shall not operate to relieve the county board of education 
of responsibility and liability for the just obligations of 
each and all of the districts so consolidated and made 
prior to such consolidation ; provided that in the event a 
majority of the qualified > voters in any of the districts 
proposed to be consolidated shall vote against the pro- 
posed consolidation, then said consolidation shall not be 
made and each district shall remain as before and with 
the same taxing privilege. 

6. That the board of education of any county which is 
levying a county tax for school purposes under the provi- 
sions of this act, in order to erect, repair or equip school- 
houses or to make other improvements in the school facili- 
ties of the county is hereby authorized to issue interest- 
bearing warrants at a rate not to exceed 6 per cent per 
annum, for a term not to exceed the time the said special 
tax lexy has been voted for said county, and for an 
amount, including interest, not to exceed the income 
from said levy ; and the board of education of any county 
or of any city of 2,000 or more inhabitants, in order to 
erect, repair or equip a schoolbuilding or to make improve- 
ments in the school facilities of any school district under 
its control which may be levying a special district tax 
for school purposes is hereby authorized to issue interest- 
bearing warrants at a rate not to exceed 6 per cent per 
annum, for a term not to exceed the time the said tax has 
been voted in said district, and for an amount, including 
interest, not to exceed the income from said tax levy; 
provided, that said interest-bearing warrants issued in 
accordance with the provisions of this act shall be a pre- 
ferred claim upon the proceeds of the tax levy in said 
county or in said school district, as the case may be. 

7. That when any election is to be held in any county 
or in any school district, under the provisions of this act, 
the court of county commissioners or other governing 
body, shall provide the necessary number of ballots, poll- 
ing-lists, tally-sheets, ballot-boxes, booths, instructions for 
holding the election," and all other necessary and proper 



PUBLIC SCHOOL LAWS OF ALABAMA 57 

stationery for holding said election ; and the sheriff shall 
see that the same are delivered to the managers before 
the day of the election. The ballots usd in said election 
shall have printed at the top of such ballot the rate of 
such proposed tax, the time it is proposed to be continued, 
and that it is to be used for public school purposes, and 
directly underneath in plain type shall be printed on dif- 
ferent lines the words, "For Proposed Taxation," 
"Against Proposed Taxation," and a blank must be left 
directly to the left of each line thereof, and the voters 
favoring the proposed taxation will make a cross-mark 
directly to the left of the line "For Proposed Taxation," 
and the voters not in favor of the proposed taxation will 
make a cross-mark directly to the left of the line "Against 
Proposed Taxation," and if it appears as the result of 
such election that a majority of those voting in said elec- 
tion have voted for such taxation, the court of county 
commissioners or other governing body, shall levy said 
special tax and cause the tax assessor to assess the same 
on the taxable property in said county, or in said school 
district, as the case may be> which shall not exceed thirty 
(30) cents on each one hundred dollars ($100) worth 
of taxable property in said county or in said school dis- 
trict, as the case may be; provided that any special tax 
levied under the provisions of this act shall not be for a 
shorter term than two years. 

8. That whenever such a levy as is provided for in this 
act is made, it shall be the duty of the tax collector within 
and for that county to collect such a tax in the same man- 
ner and under the same requirements and laws as the 
taxes of the State are collected, and he shall keep said 
amount separate and apart from all other funds and keep 
a clear and distinct account thereof showing what amount 
is paid and turn the same over to the county treasurer of 
public school funds, whose duty it shall be to receipt there- 
for and pay out the same on monthly pay-rolls with the 
authority and approval of the county board of educa- 
tion, upon uniform blanks prescribed by the State super- 
intendent of education; provided that the funds arising 
from levying the special tax for school purposes in any 
school district, shall be used for the exclusive benefit of 



58 PUBLIC SCHOOL LAWS OF ALABAMA 

the public schools of such district; and in the case of 
incorporated cities of 2,000 or more inhabitants, shall be 
paid over by the tax collector to the treasurer of said 
incorporated city, to be used for the exclusive benefit 
thereof in accordance with the law ; provided, that in the 
event an incorporated town located in a special school 
tax district comprising said town and territory contiguous 
thereto, should attain a population of 2,000 as evidenced 
by an official census taken at the time of the regular 
biennial census of school population, then the government 
and control of the schools of said town and contiguous 
territory shall pass from the county board of education 
to the board of education of said city or town for the un- 
expired period of any special school tax levy for such 
district which may have been in effect at the time said 
city or town attained a population of 2,000 or more 
inhabitants, and the funds arising from such school tax 
levy in said district shall be paid over by the tax collector 
to the treasurer of said county or town and paid out by 
him on authority of the city board of education for the 
benefit of the schools of the entire district without regard 
to the corporate lines. 

9. That all persons who are at the time of such election 
qualified electors in the county where such election is 
held, or in such school district where such election is held, 
under the laws and Constitution of Alabama then in 
existence, shall be qualified electors to participate therein. 

10. That all laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

11. That this act shall take effect upon its passage and 
approval by the governor. 

Approved February 13th, 1919. 



ARTICLE 19. 

ELECTION FOR SPECIAL TAX FOR PUBLIC SCHOOLS. 
ORIGINAL CONSTITUTIONAL ONE-MILL TAX. 

1851. Petition for call for election. — Upon a petition 
signed by two hundred or more qualified electors of the 



PUBLIC SCHOOL LAWS OF ALABAMA 59 

county who are also freeholders, to the court of county 
commissioners, or court of like jurisdiction in any county 
within the State of Alabama, the said court shall order 
an election to determine whether or not a special tax 
shall be levied for the support of the public schools within 
said county as hereinafter provided; but only one such 
election shall be held in any two years. 

1852. Notice and publication. — There shall be made 
publication of the same in some newspaper within the 
county, which publication shall show the rate of such 
proposed tax, the time it is proposed to be continued, and 
the purpose for which the levy is proposed to be made. 

1853. Managers and officers of election as in general 
election. — The inspectors and officers of the election shall 
be appointed and such elections shall be held and the result 
of said elections shall be declared in the same manner and 
by the same officers as is the result of the regular elections 
for county officers under the general laws of the State. 

1854. Qualified electors, etc. — All persons who are at 
the time of such election qualified electors in the county 
where such election is held under the laws and Constitu- 
tion of Alabama then in existence, shall be qualified elec- 
tors to participate therein. 

1855. Ballot; form and manner of voting. — The court 
of county commissioners, or court of like jurisdiction, 
shall provide a sufficient number of ballots for each 
voting precinct within said county, and at the top of each 
ballot shall be printed the rate of such proposed tax, the 
time it is to be continued, and that the purpose is for the 
support of the public schools, and directly underneath in 
plain type shall be printed on different lines the words, 
"For proposed taxation," "Against proposed taxation," 
and a place must be left directly to the left of each line 
thereof, and the voters favoring the proposed taxation 
will make a cross mark directly -to the left of the line "For 
proposed taxation," and the voter not favoring proposed 
taxation will make a cross mark directly to the left of 
the line "Against proposed taxation." 



60 PUBLIC SCHOOL LAWS OF ALABAMA 

1856. Special tax levied and assessed. — If three-fifths 
of those voting at said election have voted for the pro- 
posed taxation, the court of county commissioners, or 
court of like jurisdiction, shall levy said special tax, and 
cause the tax assessor to assess the same on the taxable 
property in said county, which shall not exceed ten cents 
on each one hundred dollars of taxable property in said 
county ; but the rate of such special tax shall not increase 
the rate of taxation, State and county combined, in any 
one year, to more than one dollar and twenty-five cents 
on each one hundred dollars of taxable property in said 
county, but all special county taxes for public buildings, 
roads, bridges, and the payment of debts existing at the 
ratification of the Constitution of 1875 shall not be in- 
cluded in the aforesaid one dollar and twenty-five cents on 
the hundred dollars of taxable property. 

1857. Time tax continues. — The time such special tax 
may continue shall not be less than two years. 

1858. Tax; how collected and disbursed. — The tax col- 
lector shall collect such special tax in the same manner and 
under the same requirements and laws as taxes of the 
State are collected, and shall keep said amount separate 
and apart from all other funds, and keep a clear and dis- 
tinct account thereof, showing what amount is paid by 
the negro race and what amount is paid by the white race, 
and turn the same over to the county superintendent of 
education, whose duty it shall be to receipt therefor and 
apportion the same to the various schools throughout the 
county in the same manner as the general school funds 
from the State are apportioned in said county ; provided, 
that the school terms of the respective schools shall be 
extended by such supplement as nearly the same length 
of time as practicable. 

1859. Election held at time for general election; costs 
of such election. — The election hereinbefore provided for 
may be had at the time of holding any regular election 
within the county, and if held at such time the inspectors 
and officers of the general election shall conduct at the 



PUBLIC SCHOOL LAWS OF ALABAMA 61 

same time the election herein provided for ; and for such 
services they shall receive no compensation other than 
that allowed them for the holding of the general election ; 
but if such an election is had at any other time than that 
of holding a regular election within the county, then the 
election officers shall receive the same pay as that for 
holding a general election. 

1860. Compensation of tax collector, tax assessor, and 
county superintendent of education. — The tax collector, 
tax assessor, and county superintendent of education shall 
receive for the services required of them under the provi- 
sions of this article the same per cent of the funds han- 
dled as they receive for like services as to general taxes. 



No. 672.) AN ACT (H. 1397. 

To make an annual appropriation for any county that 
may be levying and collecting a special county school tax 
during any scholastic year, and to provide for the expendi- 
ture of the fund set apart for any county by the county 
board of education. 

Be it enacted by the Legislature of Alabama: 

1. That for the school year beginning October 1, 1915, 
and for each and every year thereafter there is hereby 
appropriated out of any funds in the State treasury not 
otherwise expended, the sum of one thousand ($1,000) 
dollars to each and every county in the State that may 
be levying and collecting for such school year a one-mill 
special county school tax. 

2. That for the school year beginning October 1, 1917, 
and for each and every year thereafter, there is hereby 
appropriated out of any funds in the State treasury not 
otherwise expended the sum of two thousand ($2,000) 
dollars to each and every county in the State that may be 
levying and collecting for such school year a two-mill 
special county school tax. Provided that any county re- 
ceiving the benefit of section two of this act shall not be 
entitled to share under section one of this act. 



62 PUBLIC SCHOOL LAWS OF ALABAMA 

3. That for the school year beginning October 1, 1917, 
and for each and every year thereafter, there is hereby 
appropriated out of any funds in the State treasury not 
otherwise expended, the sum of three thousand ($3,000) 
dollars to each and every county in the State that may be 
levying and collecting for such school year three-mill 
special county school tax. Provided that any county re- 
ceiving the benefit of section three of this act shall not be 
entitled to share under sections one and two of this act. 

4. That at the beginning of the school year October 1, 
1915, and each and every school year thereafter, the State 
superintendent of education shall certify to the State 
auditor the name and amount to be placed to the credit of 
each and every county under the provisions of this act, 
and the auditor shall upon request of the State superin- 
tendent of education, draw his warrant upon the State 
treasurer in favor of the county treasurer of school funds 
of the county for the amount so certified by the State 
superintendent of education in accordance with this act. 

5. That the funds so set apart for any county shall be 
expended by the county board of education of any county 
entitled to receive the benefits of this act, as in the opinion 
of said county board will best promote the cause of educa- 
tion in said county. 

6. That all laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

Approved September 23, 1915. 



ARTICLE 17. 

SCHOOL LANDS; LEASE AND SALE 

1781. (3625) (1023) (962) (575) (501) What are 
school lands, and in whom vested. — School lands, within 
the meaning of this Code, are sections numbered sixteen, 
in every township granted by the United States for the 
use of schools in the township, and such other lands as 
may have been granted to any township or district for 
the use of schools ; and all school lands are vested in the 
State in trust to execute the objects of the grant. 

(Note. — This article makes sales of sixteenth section 
and indemnity lands uniform.) 



PUBLIC SCHOOL LAWS OF ALABAMA 63 

No. 195.) AN ACT (H. 646. 

To amend section 1782 of the Code of Alabama, 1907 
(relates to sale of school and indemnity lands). 

Be it enacted by the Legislature of Alabama: 
1. Amend section 1782 of the Code of Alabama, 1907, 
so as to read as follows : 1782 (3661) Sale of school and 
indemnity lands authorized. — The superintendent of edu- 
cation is authorized and empowered to sell and dispose 
of all school lands or any part of the timber thereon, to- 
gether with those which have been heretofore or may 
liereafter be certified to the State for the use and benefit 
of the several townships or districts in which was a defi- 
ciency in the amount of land originally certified to the 
State for their benefit, subject to the approval of the 
governor. 

Approved August 2, 1915. 

1782. (3661) Sale of school and indemnity lands au- 
thorized. — The superintendent of education is authorized 
and empowered to sell and dispose of all school lands, to- 
gether with those which have been heretofore or may 
hereafter be certified to the State for the use and benefit 
of the several townships or districts in which was a defi- 
ciency in the amount of land originally certified to the 
State for their benefit, subject to the approval of the 
governor. 

1783. Consent of inhabitants of township or district 
to sale of land. — No school lands, except indemnity lands, 
shall be sold without the consent of the inhabitants of 
the township or district in which such lands are located. 
Said consent to be obtained and shown by a petition in 
writing addressed to the superintendent of education 
requesting and consenting to the sale of such lands signed 
by a majority of the legally qualified voters of the town- 
ship or district, which petition must be verified by the 
affidavit of at least three of the signers, that a majority 
of the inhabitants of the township or district in which 
the lands are situated desire a sale thereof and that the 



64 PUBLIC SCHOOL LAWS OF ALABAMA 

persons making and signing said petition constitute a 
majority of the qualified electors residing in said town- 
ship or district. 

1784. (3646) (1044) (986) (607) (537) Resale 
of lands. — If any purchaser fails to make the payment, 
or gives his notes with approved securities, and secured 
by a mortgage on the land, as required, the land bid off 
by him must be immediately resold, if practicable, but if 
not practicable to make the resale at once, it must be re- 
sold at a future day, as if no sale had been made ; and the 
first purchaser shall be responsible for the difference be- 
tween his bid and the amount for which the land is sub- 
sequently sold, if such amount is less than the bid of such 
first purchaser. 

1785. (3668) Proceeds of sale; how disposed of. — 
The proceeds arising from such sales, after the payment 
of all proper costs and expenses thereof, shall be, by the 
superintendent of education, paid into the State treasury 
to the credit of the counties, townships, or school districts 
to which the same may belong in the proportion of their 
interests therein, so as to carry out the object and pur- 
poses of the original grants, gifts, or laws by which such 
lands were acquired for school purposes, as nearly as 
practicable under the existing school laws. 

1786. (3663) Notes taken by superintendent of edu- 
cation held until paid; when placed with the attorney 
general. — All notes taken by the superintendent of edu- 
cation for the purchase of such lands must be secured 
by mortgage and must be held by him until the same are 
due, and if not then paid, may be placed with the attorney 
general for collection. 

1787. (3664) Manner and terms of sale. — Such sales 
may be made from time to time, at public or private sale, 
as in the judgment of the superintendent of education 
shall best promote the interests of the school fund 
of the State, and shall be for cash, or part cash and part 
on time, as the superintendent of education and the gov- 



PUBLIC SCHOOL LAWS OF ALABAMA 65 

ernor may deem best; but in no case shall there be less 
than one-fourth of the purchase money paid in cash, and 
the remainder shall be payable in yearly installments to 
extend over a period of not more than three years, and 
shall be secured by notes with sureties and by mortgage 
on the land to be approved by the superintendent of edu- 
cation, and shall bear interest from the date of the sale. 

1788. (3626) (1025) (967) (588) (519) Timber lots 
reserved. — The superintendent of education may select 
such lots as he thinks proper, to reserve from cultivation 
for the benefit of the timber thereon, and must mark the 
same "reserved" on the plat thereof. 

1789. (3631) (1030) (972) (593) (524) Timber 
lots; how used. — The lots reserved for timber are for the 
common benefit of the lessees of the other lots; but no 
timber must be cut down, injured, or destroyed, as 
long as there is sufficient on the other lots, which the 
superintendent of education is to determine ; and the les- 
sees must in no case cut down, injure, or destroy such 
timber without permission from the superintendent of 
education, which may be given on such terms as he may 
think proper, having due regard to the interest of the 
township or district. 

1790. (3632) (1031) (973) (594) (525) Penalty 
for injuries to timber. — Any person who, without author- 
ity cuts down, boxes, injures, or destroys any tree on 
school lands shall forfeit and pay for every such tree 
ten dollars, to be recovered before any court having juris- 
diction, in the corporate name of the township, or the 
school district in which such lands are located. 

1791. (3633) (1032) (974) (595) 526) Fines paid 
into treasury for school fund. — All fines and forfeitures 
under the preceding section shall be paid into the State 
treasury, and added to the principal sum of the school 
fund of the township. 

1792. (3647) (1045) (987) (608) (538) Certifi- 
cate of purchase. — The superintendent of education, on 

3SC 



66 PUBLIC SCHOOL LAWS OF ALABAMA 

receiving from the purchaser the cash payment, and his 
notes and mortgages for the deferred payments, must 
give to him a certificate of purchase, describing the lands 
purchased, and showing the number of acres and the 
amount of the purchase money. 

1793. (3648) (1046) (988) (609) (539) Effect of 
certificate of purchase. — Such certificate conveys to the 
purchaser, his heirs, or assigns, a conditional estate in 
fee, to become absolute on the payment of the purchase 
money and interest, and to revert to the State for the uses 
originally granted in the following cases : 

1. When all the notes have become due, and the makers 
have left the State or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, and 
execution has been returned "no property" by the proper 
officer of the county in which the township or district 
lies; or when judgment is had and execution returned 
against any one or more of such makers "no property," 
and the others have left the State, or died insolvent. 

1794. (3649) (1047) (989) (610) (540) Revest- 
ing of title; clerk to certify facts; penalty for failure; 
costs. — No proceeding is necessary to revest the title in 
the State on the happening of the events specified in the 
preceding section, but such lands may be recovered in the 
name of the State, for the use of the township or district, 
against any person in possession of the same, upon proof 
of the facts ; and it is the duty of the clerk of the court 
in which the suit is pending, or the judgment recovered, 
to certify the facts to the superintendent of education, 
on the happening of the events specified in the second 
and third subdivisions of the preceding section, and fail- 
ing to do so within a reasonable time, he forfeits the sum 
of one hundred dollars ; one-half to the person suing for 
the same, and the other to the State for the use of the 
township or district. When no money is recovered in 
suits on notes for purchase money of school lands, no 



PUBLIC SCHOOL LAWS OF ALABAMA 67 

costs must be taxed against the township or district for 
such suits. 

1795. (3651) (1049) (991) (613) (543) Fines to 
go to school fund. — The amount received by the State 
upon recoveries had under the last preceding section is to 
be added to the principal of the school fund of the town- 
ship or district. 

1796. (3652) (1050) (992) (614) (544) Pat- 
ents. — A patent issues, on the payment of the purchase 
money, to the purchaser, his heirs, or assigns, and when 
the patent is to the heirs, it vests a title in all persons en- 
titled to claim in that capacity under the provisions of 
this Code. 

1797. (3653) (1051) (993,996) (615,616) Issue 
of patent by secretary of State; correction of mistake. — 
The secretary of State must issue patents, upon satisfac- 
tory evidence furnished him of full payment of purchase 
money to any person, agent, or other officer legally au- 
thorized to receive such payment; and upon proof of a 
mistake in the issue of any patent, he must correct the 
same or issue a new patent on the return of the original 
to his office. 

1798. (3654) (1052) (995) (617) (545) Issue 
of patents in other cases. — Except under the provisions 
of the preceding section, no patent must issue without 
the certificate of the superintendent of education that 
the whole amount of the purchase money specified in the 
certificate, with all interest thereon, has been paid. 

1799. (3655) (1053) (998) Collection of past due 
notes. — All notes for school lands held by or deposited 
with the superintendent of education, if not paid within 
six months after maturity, must be placed with the attor- 
ney general for collection ; but this section shall not be so 
construed as to prevent the superintendent of education 
from ordering suit on notes at any time after maturity, 
when so ordered by the sureties on the notes. 



68 PUBLIC SCHOOL LAWS OF ALABAMA 

1800. (3656) (1054) (999) Appointment of agents 
for collection of notes. — The superintendent of education 
may appoint agents for surveying, mapping, or platting 
school lands and for the collection of notes for purchase 
money of land, being responsible for any neglect on the 
part of such agents. 

1801. (3657) (1055) (1000) Township credited 
with collection on notes. — All collections on notes given 
for the sale or lease of school lands must be paid into the 
treasury of the State, to the credit of the proper township 
or district. 

1802. '(3658) Proceeds of school lands covered into 
treasury; faith and credit of State pledged for payment 
of interest. — All funds now in the State treasury derived 
from the sale of sixteenth section or other school lands, or 
which may hereafter accrue from sale of such lands, to- 
gether with the redemption money of other lands in which 
former accumulations have been invested under an act 
approved March 1, 1881, entitled "An act to authorize the 
compromise and settlement of claims for school lands in 
this State," are covered into the State treasury and made 
available for general purposes; and the faith and credit 
of the State is pledged for the payment of the interest on 
such fund to the public schools of the State, at the rate of 
six per cent per annum. 

1803. (3665) Lease of school and indemnity lands.. — 
The superintendent of education may, with the approval 
of the governor, lease out all or any of the school and 
indemnity lands for a term not exceeding five (5) years, 
or may enter into a contract or contracts permitting per- 
sons to mine all coal or other minerals therefrom, or to 
take therefrom oil or gas or either, upon a royalty for a 
term not exceeding twenty (20) years; and the net pro- 
ceeds of all money received from the lease of such lands 
or the royalty for the mineral mined therefrom or the oil 
and gas or either, taken therefrom shall be paid into the 
State treasury monthly to the credit of the townships to 
which such lands belong in the proportion of their interest 
therein. 



PUBLIC SCHOOL LAWS OF ALABAMA 69 

1804. Compromise; board of, as to school lands. — 
The governor, superintendent of education, and attorney 
general are constituted a board of compromise for the 
purpose of examining into the title or claim of the State 
to any sixteenth section or other school lands which have 
illegally passed out of the possession of the State, or 
which have heretofore been disposed of by the State and 
not paid for. The board may take all action necessary 
to recover any such lands, or, if deemed best, may settle 
and compromise any conflicting claims thereto between 
the State and persons claiming the land. When any 
compromise or settlement is made the secretary of State 
shall, upon the order of the board of compromise, issue 
patents to the land the claims to which have been so com- 
promised. 



No. 485.) AN ACT (H. 217. 

To authorize the sale and conveyance of certain lands 
which have been conveyed to the State for school pur- 
poses. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That whenever the county board of education of 
any county shall certify to the superintendent of educa- 
tion of the State that it is to the benefit of the public 
school interests of such county or a public school district 
thereof for any lands situated in such county or district 
which have been conveyed to the State of Alabama for 
school purposes under the provisions of article 20 or 31 
of chapter 41 of the Code of Alabama to be sold, particu- 
larly describing the same, the superintendent of education, 
upon the receipt of such certificate, shall be and he is 
hereby authorized and empowered, with the approval of 
the governor, to sell and convey such land, either at 
public or private sale, and upon such consideration as may 
to him appear just and proper in the premises, and to 
execute a deed to the purchaser of the same in the name of 
the State of Alabama, and upon the delivery of such deed, 
the same shall divest all the right, title and interest of the 



70 PUBLIC SCHOOL LAWS OF ALABAMA 

State of Alabama in said land and invest it in such pur- 
chaser. 

Sec. 2. That the proceeds of any sale of lands made 
under this act shall be by the superintendent of educa- 
tion paid to the county board of education of the county 
where such land is situated, or to the chief executive 
officer of said board. That said proceeds shall constitute 
a part of the public school fund of such county ; provided, 
however, if said land was conveyed to the State under 
article 31 of chapter 41 of the Code of Alabama, then such 
proceeds shall be used by said county board of education 
for the exclusive use of the public school district in which 
said land is located. 

Approved April 18, 1911. 



NORMAL SCHOOLS. 

Alabama has nine normal schools, six for the white 
race and three for the colored race. 

Four of the normal schools for the white race receive 
annually an appropriation of $20,000 each from the State 
and these schools are located at Florence, Troy, Jackson- 
ville and Livingston. Two of the normal schools for the 
white race receive annually an appropriation of $5,000 
each from the State and these schools are located at 
Daphne and Moundville. All of the white normal schools 
are controlled and governed by an act approved April 
18, 1911. This act creates a State board of eight mem- 
bers, consisting of the governor, the superintendent of 
education, and six members appointed by the governor. 

The three schools for the colored race are located at 
Tuskegee, Normal (near Hunts ville), and Montgomery. 
The school at Tuskegee receives an annual appropriation 
of $4,500 from the State, the one at Normal an annual 
appropriation of $4,000 from the State, and the one at 
Montgomery an annual appropriation of $16,000 from 
the State. 

Some of the Normal schools receive revenue from other 
sources, such as the Peabody Fund, Slater Fund, Morrill 



PUBLIC SCHOOL LAWS OF ALABAMA 71 

Fund, etc., and all of the schools receive some revenue 
from matriculation fees, incidental fees, etc. 

The three normal schools for the colored race are gov- 
erned and controlled by special acts of the Legislature. 

The act governing the Tuskegee Normal and Industrial 
Institute was approved February, 1893, and the act gov- 
erning the Montgomery Normal School was approved 
February 23, 1889. The acts governing the Huntsville 
State Colored Normal and Industrial Institute were ap- 
proved December 9, 1873, and February 17, 1885. Sec- 
tions 1258, 1259 and 1260 of the Code of 1876 also relate 
to this school, and an act approved February 13, 1891, 
relating to the division of the Morrill Fund gives the 
Huntsville Normal School that part of the Morrill Fund 
belonging to the colored race. 



No. 483.) AN ACT (H. 724. 

To create a board of trustees for the government and 
control of the several State normal schools for whites, 
and for the making and enforcing of a course of study 
for the said State normal schools and for the rural schools 
of the State, and for the repealing of any general and 
special laws and provisions of any chapter or charters 
in conflict with the provisions of this act. 

Section 1. Be it enacted by the Legislature of Alabama, 
That a board of eight members consisting of the gover- 
nor, the superintendent of education and six members 
appointed by the governor be and the same are hereby 
created a board of trustees for the government, regula- 
tion and control of the several white normal schools of the 
State. 

Sec. 2. The six appointive members appointed respec- 
tively for one year, two years, three years, four years, five 
years, and six years, with the superintendent of educa- 
tion and the governor, who shall be ex-officio chairman 
of the board, shall constitute the board of trustees for 
the government, control and regulation of the several 



72 PUBLIC SCHOOL LAWS OF ALABAMA 

white normal schools of the State. At the expiration of 
the term for which each trustee shall have been appointed, 
after the passage of this- act, a trustee shall be appointed 
for a period of six years. 

Sec. 3. It shall be the duty of the board to visit each 
school under its supervision at least once during each 
scholastic year for the purpose of making such inspection 
of its work and gathering such information as will enable 
said board to perform its duties intelligently and effec- 
tively. 

Sec. 4. It shall be the duty of this board of trustees 
to require, as far as possible, the same course of study, 
the same educational standards and ideals for the said 
normal schools of the State; and to secure this end, the 
board of trustees may require, at the hands of a committee 
composed of presidents of the said normal schools, the 
preparation and submission of a proposed course of study, 
which may be adopted in whole or in part by the board 
of trustees, and when so adopted, the said course of study 
shall be maintained in those normal schools to which, 
under the direction of the board of trustees, the said 
course of study may apply. 

Sec. 5. The said board of trustees shall have the 
power and it is made their duty to elect all presidents, 
or other officials, professors and other teachers employed 
in any of the normal schools and to fix their salaries. It 
is made the duty of the president of each school to nomi- 
nate annually to the board of trustees such professors, 
teachers, officials and assistants as in his opinion will 
promote the best interests of the institution. 

Sec. 6. The board of trustees shall have the power to 
make such rules and regulations for the government of 
its own actions and for the regulation and control of the 
several normal schools of the State, as may be necessary 
for the enforcement of the provisions of this act. 

Sec. 7. It is made the duty of the six appointive mem- 
bers of this board to make an official report to each Legis- 
lature of Alabama. This report shall set forth briefly 
the condition, the progress and the needs of each of these 
schools and the report shall contain such other informa- 



PUBLIC SCHOOL LAWS OF ALABAMA 73 

tion and shall make such recommendations as the board 
may deem right and proper. 

Sec. 8. It is hereby made the duty of the board of 
trustees of the State normal schools to meet at the call 
of the chairman or at the call of the State superintendent 
of education, who shall be the secretary of the board, and 
at such other times as may be indicated by request of the 
majority of the appointive members of the board. 

Sec. 9. The members of the board of trustees shall 
serve without pay, except that they shall be reimbursed 
from the funds of the State normal schools for their 
actual expenses incurred in attending meetings of the 
board. 

Sec. 10. It is made the duty of the board of trustees 
to extend, as far as possible, the usefulness of the State 
normal schools, by providing for summer training courses 
for teachers, thus recognizing the importance of keeping 
these schools open at all times, for the training and im- 
provement of the public school teachers of Alabama. 

Sec. 11. All laws and parts of laws, whether general, 
special or charter, in conflict with the provisions of this 
act be and the same are hereby repealed. 

Approved April 18, 1911. 



AGRICULTURAL SCHOOLS. 

Alabama has nine agricultural schools located in the 
various congressional districts of the State. These 
schools each receive for maintenance an annual appropria- 
tion of $4,500. Not less than seven hundred fifty dollars 
must be used by each school in making agricultural experi- 
ments. In addition to the above, the schools also receive 
some revenue from matriculation and incidental fees. 

The First District Agricultural School is located at 
Jacksonville, the Second at Evergreen, the Third at Abbe- 
ville, the Fourth at Sylacauga, the Fifth at Wetumpka, 
the Sixth at Hamilton, the Seventh at Albertville, the 
Eighth at Athens, and the Ninth at Blountsville. 



74 PUBLIC SCHOOL LAWS OF ALABAMA 

The agricultural schools are governed by sections 59-60 
of the Code of 1907 as amended April 22, 1911, and also 
by rules and regulations made by the executive committee 
of these schools. The governor, the superintendent of 
education, and the commissioner of agriculture compose 
the executive committee. Each school is governed by a 
board of control composed of the executive committee 
named above and two members appointed by the governor 
from the congressional district in which the school is 
located. 



TEXT-BOOK COMMISSION; MEMBERS, APPOINTMENT OF. 

1805. Text-book commission; how constituted. — On 
or before March 1st, 1908, the governor shall select and 
appoint nine educators of known character and ability, 
men well acquainted with arranging courses of study 
and engaged in public school work, one from each con- 
gressional district, who, together with himself and the 
State superintendent of education, shall constitute the 
text-book commission of Alabama. 

1806. Oath of commissioners. — Before transacting 
any business pertaining to the duties of this commission 
they shall each take an oath before some person author- 
ized to administer oaths to faithfully discharge all the 
duties imposed upon them as members of said text-book 
commission and that they have no interest, directly or 
indirectly, in any contract that may be made under this 
article, and receive no personal benefit therefrom. 

1807. Commission; organization of. — The text-book 
commission shall immediately after their appointment 
meet and organize, the governor being president of the 
commission and the superintendent of education secretary 
of said commission. 

1808. Duties of commission. — It shall be the duty of 
said commission to select and adopt a uniform series of 
text-books for use in the public schools of the State for 
a period of five years. 



PUBLIC SCHOOL LAWS OF ALABAMA 75 

1809. Unlawful to use other books than those selected. 
— It shall be unlawful for any school official, director or 
teacher to use any books upon the same branches other 
than those adopted by said State text-book commission. 

1810. Branches of study for which books selected. — 
Said uniform series shall include the following branches 
of study, to-wit: Orthography, reading, writing, arith- 
metic, geography, grammar, language lessons, history of 
Alabama containing the Constitution of the State, history 
of the United States, elementary physiology and hygiene, 
elementary principales of agriculture, and such other 
branches of study as properly belong to a common school 
course. 

1811. Partisan or sectarian books forbidden. — None 
of said text-books shall contain anything of a partisan or 
sectarian character. 

1812. Books selected may be dropped. — The text-book 
commission shall have the power by three-fourths vote to 
drop an unsatisfactory book at the end of any school 
year during the continuance of the contract and to make 
another adoption. 

1813. Qualities and merits of books to control in selec- 
tion. — The text-book commission shall consider the merits 
of each book, taking into consideration their subject- 
matter, the printing, binding, material, and mechanical 
qualities, and their general suitability and desirability for 
the purpose intended, as well as the price of said books, 
but no text-book the subject-matter of which is of inferior 
quality shall be adopted by the text-book commission. 
Said commission shall select and adopt such books as will, 
in their best judgment, accomplish the ends desired. 

1814. Desirable books; when price too high. — In case 
any book or books are deemed suitable for adoption and 
more desirable than other books of the same class sub- 
mitted, and they further consider the price at which 
the books are offered to be unreasonably high, and that 



76 PUBLIC SCHOOL LAWS OF ALABAMA 

they should be offered at a smaller price, the commis- 
sion shall immediately notify the publisher or author of 
such book or books of their decision, and request such 
reduction in price as they deem reasonable and just, and 
if they and such publishers shall agree on a price they 
may adopt his book or books, but if not, they shall use 
their own sound judgment and discretion whether they 
will adopt that or the books which are deemed by them 
next best in the list published. 

1815. Advertisement for bids. — As soon as practi- 
cable, not later than thirty days after its organization, 
the commission shall advertise in such manner and for 
such length of time and at such places as may be deemed 
advisable, that at a time and placed fixed definitely in said 
advertisement, sealed bids or proposals will be received 
from the publishers of school text-books for furnishing 
books to the public schools in the State of Alabama, 
through such agencies in the several counties, and places 
in the several counties in the State, as may be provided 
for in such regulations as said commission may adopt 
and prescribe. 

1816. Bids; specifications, requisites, and contents of. 
— The bids or proposals shall be for furnishing the books 
for a period of five years and no longer, and that no bid 
for a longer period will be considered. Said bids shall 
state specifically and definitely the price at which the 
books will be furnished, and shall be accompanied by one 
or more specimen copies of each and every book proposed 
to be furnished. 

1817. Deposits as security for performance of bid. — 
It shall be required of each bidder to deposit with the 
treasurer of the State a sum of money such as the com- 
mission may require, not less than five hundred dollars 
nor more than twenty-five hundred dollars, according to 
the number of books each bidder may propose to supply, 
and notice shall further be given in such advertisement 
that such deposits shall be forfeited absolutely to the State 
if the bidder making the deposit shall fail or refuse to 



PUBLIC SCHOOL LAWS OF ALABAMA 77 

make and execute such contract and bond as is herein- 
after required, within such time as the commission may 
require, which time shall also be stated in the advertise- 
ment. 

1818. Bids sealed and deposited. — All bids shall be 
sealed and deposited with the secretary of State, to be 
by him delivered to the commission when they are in 
executive session, for the purpose of considering the same 
when they shall be opened in the presence of the com- 
mission. 

1819. Bids opened, examined, and contract awarded. 
— The text-book commission shall meet at the time and 
place designated in such notice or advertisement, and 
take out the sample or specimen copies submitted upon 
which the bids are based. When the members have ex- 
amined all books submitted until thoroughly satisfied, it 
shall be the duty of said text-book commission to meet in 
executive session to open and examine all sealed proposals 
submitted and received in pursuance of the notice or 
advertisement provided for in section 1815 of this Code. 
The commission shall then examine and carefully con- 
sider such bids or proposals and determine in the manner 
provided in the preceding section of this article what 
book or books shall be selected for adoption, taking into 
consideration the size, quality as to subject-matter, ma- 
terial, printing, binding, and the mechanical execution 
and price, and the general suitability for the purpose 
desired and intended ; all books selected and adopted shall 
be written or printed in English. 

1820. Notification to publishers of contracts awarded. 
— After their selection for adoption shall have been made, 
the said commission shall by registered letter notify the 
publishers or proposers to whom contracts have been 
awarded. 

1821. Contract; preparation, execution, and filing of. 
— The attorney general of the State shall prepare the said 
contract or contracts in accordance with the terms and 
provisions of this article, and the said contract shall be 



78 PUBLIC SCHOOL LAWS OF ALABAMA 

executed by the governor and secretary of State with the 
seal of the State attached upon the part of the State of 
Alabama, and the said contract shall be executed in trip- 
licate, one copy to be kept by the contractor, one copy by 
the secretary of the text-book commission and copied in 
full in the minutes of said commission and one copy to be 
filed in the office of the Secretary of State. 

1822. Bond of contractor; preparation, execution, 
and conditions of. — At the time of the execution of the 
•contract aforesaid the contractors shall enter into a bond 
in the sum of not less than ten thousand dollars nor more 
than thirty thousand dollars, payable to the State of 
Alabama, the amount of said bond within said limits to 
be fixed by said commission conditioned for the faithful, 
honest, and exact performance of the contract, and shall 
further provide for the payment of reasonable attorney's 
fees in case of recovery in any suit upon the same, with 
three or more good, solvent sureties, actual citizens and 
residents of the State of Alabama, or any guaranty com- 
pany authorized to do business in the State of Alabama 
may become surety on said bond. The attorney general 
shall prepare said bond and approve the same. The said 
bond shall not be exhausted by a single recovery, but may 
be sued on from time to time until the full amount shall 
be recovered; and the said commission may at any time, 
by giving thirty days' notice, require additional security 
or additional bond, within the limits prescribed. 

1823. Deposits returned after execution of bond. — 
When any person, firm, or corporation shall have been 
awarded a contract and submitted therewith the bond 
as required in this article, the commission through its 
secretary shall so inform the treasurer of the State, and 
the treasurer shall return such contractor the cash de- 
posit made by him, and the commission through its sec- 
retary shall inform the treasurer of the names of the 
unsuccessful bidders or proposers, and the treasurer shall, 
upon receipt of this notice, return to them the amount 
deposited in cash by them at the time of the submission 
of their bid. 



PUBLIC SCHOOL LAWS OF ALABAMA 79 

1824. Failure to execute contract or bond; conse- 
quence of. — Should any person, firm, company, or cor- 
poration fail or refuse to execute the contract and sub- 
mit therewith his bond as required by this article within 
thirty days of the awarding of the contract to him and 
(provided the mailing of the registered letter shall be 
sufficient evidence that the notice was given and receiv- 
ed), the cash deposit will be deemed forfeited to the 
State of Alabama, and the treasurer shall place such 
cash deposit in the treasury of the State to the credit of 
the general school fund. 

1825. Recovery on bond for benefit of fund. — Any re- 
covery had on any bond given by any contractor shall 
inure to the benefit of the said fund of the State, and 
when collected shall be placed in the treasury to the 
credit of the said fund and be prorated among the sev- 
eral counties of the State. 

1826. Books furnished must be equal to specimens. — 
The books furnished under any contract shall at all times 
during the existence of the contract be equal to, in all 
respects, the specimens or sample copies furnished with 
bids. 

1827. Secretary of State preserves sample copies and 
furnishes to superintendent. — The secretary of State shall 
carefully preserve in his office as the standard of quality 
and excellence to be maintained in such books during the 
continuance of such contracts the specimens or sample 
copies of all books which have been made the basis of any 
contract, together with the original bid or proposal, and 
the contractor shall also furnish each county superin- 
tendent of education like specimen or sample copies, 
which shall be preserved by him in like manner, and the 
same shall always be open to the inspection of the public. 

1828. Contract and exchange price printed on back 
of books. — All contractors shall print on the back of each 
book the contract price, as well as the exchange price at 
which it is agreed to be furnished, but the books sub- 
mitted as specimen or sample copies with the original 



80 PUBLIC SCHOOL LAWS OF ALABAMA 

bids shall not have the price printed on them before they 
are submitted to the commission. 

1829. Price of books for this State shall not exceed 
that of others. — The text-book commission shall not in 
any case contract with any person or publisher for the 
use of any books which are to be sold to patrons or used 
in any public school in this State at a price above or in 
excess of the price at which such book or books are fur- 
nished by said person or publisher under contract to any 
State, county, or school district in the United States under 
like conditions prevailing in this State and under this 
article. It shall be stipulated in each contract that the 
contractor has never furnished and is not now furnishing 
under any contract any State, county, or school district 
in the United States where like conditions prevail as are 
prevailing in this State under this article, the same 
book or books as are embraced in said contract at a 
price below or less than the price stipulated in the 
said contract, and the said commission at any time they 
may find that any book has been furnished at a lower 
price under contract to any State, county or school dis- 
trict aforesaid, shall sue upon the bond of said contractor 
and recover the difference between the contract price and 
the lower price at which they find the book or books have 
been sold, and in case a contractor shall fail to execute, 
specifically, the terms and provisions of his contract, said 
commission shall bring suit upon the bond of such con- 
tractor for the recovery of damages, the suit to be in the 
name of the State of Alabama, and the recovery for the 
benefit of the public school fund. 

1830. Changing or altering contract. — The commis- 
sion and any contractor agreeing thereto may in any 
manner change or alter any contract, provided a majority 
of the commission shall agree to the change and think it 
advisable and for the best interest of the public schools 
of the State. 

1831. Majority controls. — In all matters unless other- 
wise provided a majority of said commission shall con- 
trol. 



PUBLIC SCHOOL LAWS OF ALABAMA 8 i 

1832. State not liable to any contractor. — It shall al- 
ways be a part of the terms and conditions of every con- 
tract made in pursuance of this article, that the State of 
Alabama shall not be liable to any contractor in any man- 
ner, in any sum whatsoever, but all such contractors shall 
receive the pay or consideration in compensation solely 
and exclusively derived from the proceeds of the sale of 
books, as provided for in this article. 

1833. Old books exchanged for new. — The commission 
shall stipulate in the contract for the supplying of any 
book as provided in this article that the contractor or 
contractors shall take up the school books now in use in 
this State, and receive the same in exchange for new 
books at a price not less than fifty per cent of the contract 
price. Such exchange period shall not continue longer 
than one year from the date of contract. Each person or 
publisher making a bid for the supplying of any book or 
books under this article shall state in such bid or pro- 
posal the exchange price at which such book or books 
will be furnished. 

1834. Rejecting bids or proposals. — The text-book 
commission shall have and reserve the right to reject any 
and all bids or proposals if they shall be of opinion that 
any or all should for any reason be rejected. 

1835. Re-advertisement for bids. — In case the commis- 
sion fails from among the bids or proposals to select or 
adopt any book or books upon any of the branches men- 
tioned in previous sections of this article, they may re- 
advertise for sealed bids or proposals under the same 
terms and conditions as before, and proceed in their 
investigations in all. respects as they did in the first in- 
stance, and as required by the terms and provisions of 
this article. 

1836. Bids for copyright and manuscripts. — The com- 
mission may advertise for sealed bids or proposals from 
authors or publishers of text-books who have manuscripts 
of books not yet published, for prices at which they will 



82 PUBLIC SCHOOL LAWS OF ALABAMA 

publish and furnish in such book form such manuscripts, 
or for prices at which they will sell such manuscripts, 
together with the copyright with such books for use in 
the public schools of Alabama, proceeding in all respects 
in like manner as before. Before accepting or rejecting 
any manuscript it shall be the duty of the commission to 
take the manuscript and advertise for sealed bids or pro- 
posals for publishing the same in book form, in like man- 
ner as provided in this article, and under the same restric- 
tion and condition, and the contract may be let for the 
publication of all such books or for any one or more sepa- 
rately. The State itself shall not under any circumstances 
enter into any contract binding it to pay for the publica- 
tion of any book or books, but in the contract with the 
owner of the manuscript it shall be provided that he shall 
pay the compensation to the publisher for the publication 
and putting in book form the manuscript, together with 
the cost and expense of copyrighting the same; and pro- 
vided that in all cases bids or proposals shall be accom- 
panied with the cash deposit of from five hundred to 
twenty-five hundred dollars, as the commission may direct, 
and as previously provided in this article. 

1837. Manuscripts or printed form of matter pro- 
posed to be incorporated in book. — Any person, firm, or 
corporation now doing business, or proposing to do busi- 
ness in the State, shall have the right to bid for the con- 
tract to be awarded under this article in the manner as 
follows : In response to the advertisement, when made as 
hereinabove provided, said person, firm, or corporation 
may submit in writing bid or bids to edit or have edited, 
publish and supply for use in the public schools in this 
State, any book or books herein provided for, provided 
that instead of filing with said bid or proposals a sample 
or specimen copy of each book proposed to be furnished, 
he may exhibit to the commission a manuscript or printed 
form of the matter proposed to be incorporated in any 
book, together with such a description and illustration of 
the form and style thereof as would be fully intelligible 
and satisfactory to said commission, or they may submit 
a book or books, the equal of which in every way they 



PUBLIC SCHOOL LAWS OF ALABAMA 



83 



propose to furnish, and they shall accompany their bid 
or proposal with the cash deposit and execute a contract 
and bond as hereinbefore provided. 

1838. Proclamation of governor announcing contract. 
— As soon as said commission shall have entered into a 
contract or contracts for the furnishing or supplying of 
books for use in the public schools in this State, the gov- 
ernor shall issue his proclamation announcing such facts 
to the people of the State. 

1839. Three depositaries or places of sale in each 
county.— The party or parties with whom the contract 
shall be made shall place their books on sale at not less 
than three places in each county of the State for the dis- 
tribution of the books to the patrons, and the contractor 
shall be permitted to make arrangements with a merchant 
or other person for the handling and distribution of the 
books. 

1840. Contract price printed on books. — All books 
shall be sold to the consumer at the retail contract price, 
and in each book shall be printed the following: (The 
price, fixed herein is fixed by State contract and devia- 
tions therefrom shall be reported to your county superin- 
tendent of education or the State superintendent at Mont- 
gomery.) Should any party contracting to furnish books 
as provided for fail to furnish them or otherwise breach 
his contract, in addition to the right of the State to sue 
on his bond hereinabove required, the county superin- 
tendent of any county may sue, in the name of the State 
of Alabama, in any court of competent jurisdiction in the 
county in which he resides, for. the use and benefit of the 
school fund of the county; provided that the right of 
action of the county superintendent shall be limited to 
breaches of the contract committed in the county of his 
residence. In all cases under this article service of 
process may be had and deemed sufficient on any agent of 
the contractor in this State. 

1841. Distribution of books. — The commission shall, 
from time to time, make any necessary regulations to 



84 PUBLIC SCHOOL LAWS OF ALABAMA 

secure the prompt distribution of the books provided for 
in this article, and the prompt and faithful execution of 
all contracts. 

1842. Commission continues for five years; new com- 
mission appointed. — Said commission shall maintain its 
organization for five years, and at the end of said period 
of five years the governor shall name a similar commis- 
sion with like powers and a like term as the first named 
commission, provided that all bids and contracts for 
school books shall provide for the purchase, by munici- 
palities and school districts which supply free school 
books, of such books at the regular contract price less the 
commission allowed to agents or depositories. 

1843. List of books, agencies, and prices furnished to 
county superintendent of education. — As soon as prac- 
ticable after the adoption, provided for in this article, the 
State superintendent of education shall issue a circular 
letter to each county superintendent of education and each 
teacher in the State, and to such others as he may desire 
to send it, which letter shall contain the list of. books 
adopted, the prices, location of agencies, the manner of 
distribution, and such other information as he may deem 
necessary. 

1844. Supplementary text-books; books for higher or 
more advanced studies. — As soon as the existing contract 
for books expires the books adopted as a uniform series 
of text-books for the next five years shall be introduced 
and used as text-books to the exclusion of all others in all 
the public free schools in this State. Supplementary 
books shall be used, but such books shall not be used to 
the exclusion of the books prescribed or adopted under 
the provisions of this article. Higher or more advanced 
branches may be taught than provided in this article, but 
such higher branches or books shall not be taught to the 
exclusion of the branches or books mentioned in this 
article. 

1845. Other books used upon failure to furnish those 
adopted. — The patrons of the public schools throughout 



PUBLIC SCHOOL LAWS OF ALABAMA 85 

the State may procure books in the usual way in case 
no contract shall be made, or the contractor fails or 
refuses to furnish the books provided for in this article 
at the time required for their use in the respective schools. 

1846. Appropriation. — The sum of three thousand 
dollars, or so much thereof as may be necessary, to be 
paid out of the moneys in the treasury not otherwise 
expended, is appropriated for the purpose of paying the 
costs and expenses of carrying into effect the provisions 
of this article. 

1847. Compensation of commissioners. — The governor 
and superintendent of education shall serve on the com- 
mission without compensation, and the other members 
of the commission shall be paid the sum of four dollars 
per day during the time they are actually engaged, and in 
addition shall receive ten cents per mile for each mile 
traveled from their homes to their place of meeting and 
return thereto, to be paid out of the funds appropriated 
by the preceding section, and they shall each make and 
swear to a statement of the number of miles traveled 
and the number of days actually engaged. 

1848. Clerk of commission; compensation of. — The 
commission may appoint a clerk who shall have three dol- 
lars per diem during the time he is actually engaged and 
the same mileage as is allowed the members of the com- 
mission. 

1849. Books adopted continue for five years. — The 
adoption made as provided for in this article shall con- 
tinue for five years from the expiration of the existing 
contract, unless otherwise provided. 

1850. Failure to furnish books; contract for unex- 
pired term. — In case of the failure of any contractor to 
furnish the books as provided in his contract his bond 
shall be declared forfeited, and the State school-book 
commission may make such other contract for the unex- 
pired term with another person to provide such books as 



86 PUBLIC SCHOOL LAWS OF ALABAMA 

they may deem advisable for the best interest of the 
State. 

(See Criminal Provisions, Sections 7751, 7752 and 
7753 of this pamphlet.) 



ARTICLE 20. 

HIGH SCHOOLS FOR COUNTIES. 

1861. High school commission to locate and establish. 
— The governor, auditor and superintendent of education, 
shall constitute a commission to locate one high school in 
each of the counties of this State. 

1862. Sites procured; annual donations paid quar- 
terly. — For any county in which the citizens thereof shall 
secure a suitable site which shall consist of not less than 
five acres of land, the title to the surface of which shall 
be in fee (but the land need not include mineral rights) 
and erect thereon a good and substantial building with 
all necessary equipments for a high school, the cost of 
said buildings to be not less than $5,000, and upon making 
a deed to the State of Alabama of said land, building and 
equipment, there shall be appropriated out of any money 
in the treasury, not otherwise appropriated, the sum of 
three thousand dollars and this appropriation is hereby 
made to continue annually, beginning July 1st, 1911. 
Provided further that all appropriations made by the 
State and otherwise must be paid quarterly and in accord- 
ance with the rules and regulations made by the high 
school commission. 

1863. High school controlled by high school commis- 
sion and county board of education. — Each county high 
school of the State shall be under the direction and control 
of the county board of education of the county in which 
the high school is located, but every action of the county 
board of education is subject to the approval of the high 
school commission. Provided further, that rules and reg- 
ulations for the government of the county high schools of 
the State and the employment of the teachers in said 



PUBLIC SCHOOL LAWS OF ALABAMA 87 

county high schools shall be made by the high school com- 
mission. 

1864. Free schools and office of trustee not abolished. 
— Nothing in this article shall be so construed as to 
abolish any free school in any district, or the office of 
trustee in any district in which said high school may be 
located. 

1865. Qualifications and eligibility of teachers and 
students. — No teacher shall be eligible to teach in any 
high school established under the provisions of this arti- 
cle, unless holding a first-grade or life certificate. Nor 
shall any student be eligible to entrance into said high 
school unless said student can 'pass a satisfactory exami- 
nation in the branches of free public instruction in the 
elementary schools of his or her county. Such schools 
shall be open to students of the white race regardless of 
age who have complied with the provisions of this section. 

1866. Course of study. — A course of study for such 
school or schools shall be provided and required by the 
superintendent of education; such course of study shall 
consist of secondary branches of study. 

1867. Matriculation fee. — A matriculation fee of not 
more than two and one-half dollars to be fixed by the 
county board of education in which a county high school 
is or may hereafter be located and in operation, may be 
charged to each student entering said high school, to 
defray the necessary expenses of said high school during 
each term, provided a part of the matriculation fees may 
be used for library purposes in said high school. All 
funds accruing from fees as provided herein shall be paid 
out by the treasurer of the high school upon the order 
of the principal of said school. 



No. 217.) AN ACT (S. 7. 

To authorize and empower the commissioners court, 
board of revenue, or other court of county officers of 



88 PUBLIC SCHOOL LAWS OF ALABAMA 

similar or like jurisdiction to donate or appropriate funds 
from the county treasury to aid in the construction or 
improvement of necessary buildings and the maintenance 
and support of those State schools known as county high 
schools established under the act of the Legislature ap- 
proved August 7, 1907, and to ratify and confirm all 
appropriations heretofore made for such purposes and to 
repeal all laws and part of laws in conflict therewith. 

Section 1. Be it enacted by the Legislature of Alabama, 
That on and after the approval of this act by the gover- 
nor it shall be lawful for the commissioners court, board 
of revenue, or other court or officers of the county of 
similar or like jurisdiction to donate or appropriate funds 
from the county treasury to aid in the construction or 
improvement of necessary buildings and the maintenance 
and support of those State schools known as county high 
schools established in the several counties of the State 
under an act of the Legislature entitled an act to provide 
for the establishment of high schools in this State, and 
to make appropriations for said schools, approved August 
7th, 1907, such donations or appropriations to be applied 
to the benefits of said schools under the supervision and 
control of the county boards of education, and not other- 
wise. That appropriations heretofore made from county 
funds by the courts of county commissioners or the courts 
or boards of revenue of the several counties of this State 
to be used in the construction or maintenance of such 
schools are hereby ratified and confirmed, provided that 
the provisions of this act shall not affect suits heretofore 
filed to test the legality of appropriations made by courts 
of county commissioners or boards of revenue to aid 
in the construction of county high schools; Provided, 
further, that the appropriations being tested by such 
pending suits are hereby ratified and confirmed and this 
act shall not be set up as a defense to any such pending 
suit. 

Approved August 26, 1909. 

Note. — By an opinion of the Attorney General, rendered Aug. 21, 
1908, the county high school is held to be a part of the public school 
system and the county board of education is authorized to make 
appropriations for the maintenance of the county high school. 



PUBLIC SCHOOL LAWS OF ALABAMA 89 

No. 94.) AN ACT (S. 66. 

To authorize the cities and towns of this State to con- 
vey real or personal property and to make appropriations 
of money from city funds, and issue bonds to aid in the 
location and in the construction of high schools and high 
school buildings, and to ratify and confirm all such con- 
veyances and appropriations which have heretofore been 
made by any such city or town. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the cities and towns of this State be and they are 
hereby authorized and empowered to convey real or per- 
sonal property belonging to such cities or towns, and to 
make appropriations from city or town funds, and issue 
bonds to aid in the location and in the construction of 
high schools and high school buildings under the act of the 
Legislature of Alabama, approved August 7, 1907, en- 
titled "An act to provide for the establishment of high 
schools in this State, and to make appropriations for said 
schools." 

Sec. 2. That all such conveyances of property and 
appropriations of funds which have heretofore been made 
for the purpose named in section 1 of this act, be and the 
same are hereby ratified and confirmed. 

Approved August 26, 1909. 



ARTICLE 21. 

UNIVERSITY OF ALABAMA. 

1869. (3667) (1058) (1295) Incorporation of uni- 
versity. — The governor and the superintendent of educa- 
tion, by virtue of their respective offices, and the trustees 
heretofore appointed from the different congressional 
districts of the State under the provisions of section 264 
of the Constitution, and such other members as may be 
from time to time added to the board of trustees and their 
successors in office, are constituted a body corporate 
under the name of "The board of trustees of the Univer- 
sity of Alabama," to carry into effect the purposes and 



90 PUBLIC SCHOOL LAWS OF ALABAMA 

intent of the Congress of the United States in the grant 
of lands by the act of April 20, 1818, and of the act of 
March 2, 1819, to this State, to be by it held and admin- 
istered for the benefit of a seminary of learning. 

1870. (3668) (1059) (1296) General powers, duties, 
and liabilities of such corporation. — Such corporation 
shall have all the rights, powers, and franchises necessary 
to or promotive of the end of its creation, and shall be 
charged with all the corresponding duties, liabilities, and 
responsibilities. 

1871. (3669) (1060) (1297) Power of holding and 
disposing of property. — Such corporation may hold, and 
may lease, sell, or in any other manner not inconsistent 
with the object or terms of the grant or grants under 
which it holds, dispose of any property, real or personal, 
or any estate or interest therein, remaining of the origi- 
nal or any subsequent grant by Congress, or by this State, 
or by any person, or accruing to the corporation from 
any source, including also the proceeds of the "University 
Fund," as to it may seem best for the purposes of its 
institution. 

1872. (3670) (1061) (1298) University fund de- 
fined; credit of State pledged for payment of interest. — 
The fund designated in the preceding section as the "Uni- 
versity Fund" consists of the sum of thirty-six thousand 
dollars per annum as interest on the funds of the Univer- 
sity of Alabama, heretofore covered into the treasury, for 
the maintenance and support of said institution, which 
said sum of thirty-six thousand dollars shall be paid to 
the duly authorized agent of the university as hereinafter 
provided; and the further sum of twenty-five thousand 
dollars, annually, is added to and made a part of the 
university fund. 

1873. (3671) (1062) (1299) When gifts or grant 
not affected; what not a forfeiture. — No grant or gift, by 
will or otherwise, shall fail on account of any misnomer 
or informality, when the intention of the grantor or 
donor can be ascertained; nor shall any default, malfea- 



PUBLIC SCHOOL LAWS OF ALABAMA 91 

sance on the part of the trustees or other officers or agents 
of such corporation, work a forfeiture of any of its rights, 
powers, privileges, or franchises. 

1874. (3672) (1063) (1300) Rights, etc., of uni- 
versity continued in corporation. — In addition to the 
rights, properties, privileges, and franchises herein grant- 
ed, all rights, properties, privileges, and franchises here- 
tofore, by any act of the Legislature, granted to or vested 
in the University of Alabama, shall vest and continue in 
such corporation. 

1875. (3673) (1064) (1301) Powers of the board of 
trustees; no exclusion from benefit of "University Fund," 
etc. — The board of trustees have the power to organize 
the university by appointing a corps of instructors, who 
shall be styled the faculty of the university, and such other 
officers as the interest of the university may require ; to 
remove such instructors or officers, and to fix their sal- 
aries or compensation, and increase or reduce the same 
at their discretion ; to institute, regulate, alter, or modify 
the government of the university, as they may deem ad- 
visable; to prescribe courses of instruction, rates of tui- 
tion, price of board, and regulate the necessary expenses 
of students ; and to confer such academic and honorary 
degrees as are usually conferred by literary institutions. 
They may delegate to the faculty of the university, or 
other officers, such powers and functions in the govern- 
ment of the students, and in the administration of the 
affairs of the university, as they may deem proper; but 
in no case shall any person be authorized to receive, hold, 
or disburse any funds of the university without having 
first given bond, conditioned for the faithful discharge 
of his duties; and no person shall be excluded from the 
full benefit of the university fund, or placed at any dis- 
advantage in the pursuit of his studies, who possesses the 
requisite literary and other qualifications, and is willing 
to submit to the discipline prescribed the students. 

1876. (3674, 3675) (1065, 1066) (1302, 1303) Classi- 
fication of trustees; term and oath of office. — The State 



92 PUBLIC SCHOOL LAWS OF ALABAMA 

university shall be under the control of the board of 
trustees, which shall consist of two members from the 
congressional district in which the university is located, 
and one from each of the other congressional districts 
in the State, the superintendent of education, and the 
governor, who shall be ex-officio president of the board. 
The members of the board of trustees, as now constituted, 
shall hold office until their respective terms expire under 
existing law, and until their successors shall be elected 
and confirmed, as hereinafter required. Successors to 
those trustees whose terms expire in nineteen hundred and 
two shall hold office until nineteen hundred and seven; 
successors to those whose terms expire in nineteen hun- 
dred and four shall hold office until nineteen hundred 
and eleven ; successors those trustees whose terms expire 
in nineteen hundred and six shall hold office until nineteen 
hundred and fifteen ; and thereafter their successors shall 
hold office for a term of twelve years. When the term of 
any member of such board shall expire, the remaining 
members of the board shall, by secret ballot, elect his suc- 
cessor, provided, that any trustee so elected shall hold 
office from the date of his election until his confirmation 
or rejection by the senate, and, if confirmed, until the ex- 
piration of the term for which he was elected, and until 
his successor is elected. At every meeting of the Legisla- 
ture the superintendent of education shall certify to the 
senate the names of all who have been so elected since 
the last session of the Legislature and the Senate shall 
confirm or reject them, as it shall determine is for the 
best interest of the university. If it reject the names 
of any member it shall thereupon elect trustees in the 
stead of those rejected. In the case of a vacancy on said 
board by death or resignation of a member, or from any 
cause other than the expiration of his term of office, the 
board shall elect his successor, who shall hold office until 
the next session of the Legislature. When the name of a 
successor or successors elected by said board to fill the 
vacancy or vacancies so occasioned shall be certified by 
the superintendent of education to the senate, and the 
senate shall confirm, or reject, as it shall determine is for 
the best interest of the university; and if confirmed by 



PUBLIC SCHOOL LAWS OF ALABAMA 93 

the senate, the person or persons so elected to fill said 
vacancy shall hold office for the unexpired term to which 
lie is so elected. If the senate rejects the name of any 
person to fill said vacancy, it shall thereupon elect some 
person or persons in the stead of those rejected. No 
trustee shall receive any pay or emolument other than 
Tiis actual expenses incurred in the discharge of his duties 
as such. 

1877. (3676) (1067) (1304) Quorum of board of 
trustees; president pro tempore. — Five members of the 
board of trustees, exclusive of the ex officio members, 
shall constitute a quorum, and every member present shall 
be required to vote, and a majority of those present shall 
govern. At their first meeting, the board shall elect one 
of their number president pro tempore, who shall preside 
in the absence of the governor, and shall hold the position 
until the next annual or special meeting, when another 
president pro tempore shall be elected. 

1878. (3677) (1068) (1303, 1304) Time and place 
of meeting of trustees. — The board of trustees shall meet 
at least once in each year, and on the last Wednesday in 
June, unless some other day is selected by them, and 
they may, by ordinance or resolution adopted by them, 
prescribe other regular times for meeting. At such meet- 
ing they may continue in session as long as they may 
deem proper for the welfare of the institution, and may 
at any session appoint a special or adjourned meeting. 
Upon the written application of four members, or of any 
three members with his concurrence, the president pro 
tempore shall appoint a special meeting, and issue notice 
thereof to the several members; but such special meet- 
ing shall not be appointed for a day less than twenty days 
subsequent to the date of the notice. In case there is no 
president pro tempore of the board, or in case he is inca- 
pacitated to act, then the governor, as president of the 
board, shall, upon the written application of four mem- 
bers, in like manner call such special meeting. Regular 
meetings of the board must be held at the university, but 
special or adjourned meetings may be held at the univer- 



94 PUBLIC SCHOOL LAWS OF ALABAMA 

sity or in the city of Montgomery, or in the city of Bir- 
mingham. 

1879. (3678) (1069) (1305) Proceedings of board 
recorded; employment of secretary; payment of expenses, 
etc. — The proceedings of the board of trustees must be 
recorded in a substantially bound book, which must be- 
kept in the archives of the university ; and the board may 
at any meeting employ a secretary. The certificate of the 
president, or in his absence, of the president pro tempore, 
countersigned by the secretary, if there be one, shall en- 
title the several trustees to their constitutional pay out 
of the treasury of the university; and the compensation 
of the secretary and the necessary incidental expenses 
of the board at each session shall be paid on the order of 
the board, and the certificate of the president, or president: 
pro tempore, as the case may be, out of such treasury. 

1880. (3679) (1070) (1306) Report by the board to- 
the Legislature. — It shall be the duty of the board of 
trustees to make to the Legislature, at each session there- 
of, a full report of their transactions, and of the condition 
of the university, embracing an itemized account of all 
receipts and disbursements on account of the university 
by those charged with the administration of its finances. 

1881. (3681) (1072) (1309) (430) (384) Interest 
on "University fund;" how payable. — The State treas- 
urer, must, quarterly, on the last day of December, March, 
June and September of each year, pay the "university 
fund," as defined by section 1872 (3670) of this Code, 
to the treasurer or any authorized agent of the university ; 
and on the application of such treasurer or agent, the 
State auditor shall draw his warrant on the State treas- 
urer for the amount due ; such payments to commence on 
the days specified after the present Constitution becomes 
operative. 

1882. (3682) (1073) (1308) Right reserved to the 
Legislature to revise and amend. — The right is reserved 
to the Legislature to revise or amend the provisions of 
this article, and virtue of the character of the trust con- 



PUBLIC SCHOOL LAWS OF ALABAMA 95 

ierred by the act of Congress, to intervene, and, by special 
enactment, to direct and control the board of trustees 
in the discharge of their duties and functions. 

1883. (3683) Law department to receive second-hand 
text-books from State library. — The justices of the Su- 
preme Court are authorized from time to time to set 
apart and turn over to the law department of the univer- 
sity, copies of such second-hand or superseded law books, 
known as text-books, as they may deem expedient, the 
marshal and librarian taking proper receipts therefor. 

1884. (3684) Law department must be supplied with 
Codes. — The secretary of State shall supply to such law 
department ten copies of the Code of Alabama and ten 
copies of the acts of the Legislature, and ten copies of 
each volume of the current reports of the Supreme Court, 
as the same may, from time to time, be published. 

1885. (3685) Police of grounds; appointment, pow- 
ers, and duties. — The president of the university has 
authority to appoint or employ one or more suitable per- 
sons to act as police officers to keep off intruders and 
prevent trespass upon and damage to the property of the 
university. Such person shall be charged with all the 
duties and invested with all the powers of police officers, 
and may eject trespassers from the university buildings 
.and grounds, and may, without warrant, arrest persons 
guilty of disorderly conduct, or of trespass on the property 
of the institution, and carry them before the nearest jus- 
tice of the peace or other officer charged with the trial 
of such offenders, before whom, upon proper affidavit 
charging the offense, such person so arrested may be tried 
and convicted as in case of persons brought before him 
on a warrant; and such officer or officers shall have 
authority to summon a posse comitatus. 

1886. Lands, sale, lease, or other disposition provided 
for. — The board of trustees of the University of Alabama 
may sell, lease, or otherwise dispose of, all or any part of 
such land as has been or may be selected under and by 
virtue of an act of Congress entitled,. "An act to increase 



96 PUBLIC SCHOOL LAWS OF ALABAMA 

the endowment of the University of Alabama from the 
public school lands in said State," approverd April 23, 
1884; and may sell lands or any interest therein or part 
thereof for such prices and upon such terms as to them 
may seem proper. Such sales may be for cash or for 
part cash, and the said board of trustees of the University 
of Alabama shall not be limited by any statute heretofore 
enacted as to what part of the purchase price of such 
lands which they have heretofore sold or may hereafter 
sell shall be in cash, but the per cent of the purchase 
price of such lands that may have been or shall be in 
cash, shall be such as said board of trustees of the Univer- 
sity of Alabama may agree upon with the purchaser or 
purchasers. 

1887. Executive committee created and authorized to 
act. — The board of trustees of the University of Alabama 
may create an executive committee consisting of three 
or more of the trustees composing the said board upon 
which committee it may confer full power and authority 
to lease, sell, and convey such lands or any part thereof, 
or any interest therein, as fully as said board of trustees 
of the University of Alabama could itself do. 

1888. Sales, leases, etc., ratified and confirmed. — All 
sales, agreements to sell, leases, and other dispositions 
of such lands, or any part thereof, or any interest therein, 
heretofore made or attempted to be made by the board of 
trustees of the University of Alabama, or by any execu- 
tive committee by it created, irrespective of the per cent 
of the purchase price which may have been paid in cash, 
are ratified and confirmed, and shall be binding upon the 
board of trustees as fully as if the same were made after 
the 28th day of February, 1907, and in cases where the 
same were made by an executive committee, as if the same 
were made by the board of trustees of the University of 
Alabama. 

1889. Medical department of the University of Ala- 
bama. — The corporation styled the Medical College of 
Alabama is dissolved, and the institution heretofore 



PUBLIC SCHOOL LAWS OF ALABAMA 97 

known as the Medical College of Alabama is constituted 
the Medical Department of the University of Alabama, 
and shall hereafter be under the sole management, owner- 
ship, and control of the board of trustees of the University 
of Alabama; but the said Medical Department shall re- 
main at Mobile for all time. All appropriations of money 
which may hereafter be made in aid of the medical col- 
lege shall inure to the benefit of the said Medical Depart- 
ment of the University of Alabama, and shall be paid to 
the trustees of the University of Alabama for the use and 
benefit of said Medical Department at Mobile, Alabama. 



ARTICLE 22. 

CEMENT LABORATORY. 



1893. Testing laboratory for cements. — The testing 
laboratory of the University of Alabama is the official 
testing laboratory for cements and other materials of 
construction. 



ARTICLE 23. 
SUMMER SCHOOL*. 

1894. Summer school at university established. — The 
trustees of the University of Alabama may establish at 
that institution a school to be known as the summer 
school for teachers, at which during the summer months 
instruction shall be given in all the public school studies 
and in such other studies as may be necessary to better 
prepare teachers for efficient service in the public schools 
of this State. 

1895. Annual appropriations. — For the maintenance 
of the summer school for teachers, the sum of five thou- 
sand dollars is appropriated annually. 

1896. Appropriation; how and when paid. — The sum 
of five thousand dollars shall, on the first day of July of 

4SC 



9g PUBLIC SCHOOL LAWS OF ALABAMA 

each year, be paid by the State treasurer to the treasurer 
of the University of Alabama, on warrants drawn by 
the State auditor as warrants are drawn for other appro- 
priations to the university. The trustees of the university 
shall report in writing to the Legislature at each regular 
session thereof the manner in which the appropriation 
has been expended. 

1897. Matriculation or tuition fee. — No matriculation 
or tuition fee shall be charged to Alabama teachers, and 
no incidental fee exceeding three dollars per session shall 
be charged any Alabama teacher. 

1898. Examinations conducted by State board of ex- 
aminers annually. — The State board of examiners for 
teachers shall conduct or have conducted, annually, at 
the university, at the close of the summer school for teach- 
ers, an examination for the convenience of teachers at- 
tending that school. The examination shall be equal in 
all respects to the regular examination required by 
law. The same fees shall be charged, and the examina- 
tions shall be conducted under the same rules and regu- 
lations. 



'ARTICLE 24. 
ALABAMA POLYTECHNIC INSTITUTE. 

1899. (3686) (1074) Incorporation of the Alabama 
Polytechnic Institute. — The governor and the superin- 
tendent of education, by virtue of their respective offices, 
and the trustees appointed from the different congres- 
sional districts of the State, under the provisions of sec- 
tion 266 of the Constitution of 1901, and their successors 
in office, are constituted a body corporate under the name 
of "The Alabama Polytechnic Institute," to carry into 
effect the purposes and intent of the Congress of the 
United States in the grant of lands by the act of July 2, 
1862. 

1900. (3687) (1075) General powers, duties, and 
liabilities of institute. — Such corporation shall have all 



PUBLIC SCHOOL LAWS OF ALABAMA 99 

the rights, privileges, and franchises necessary to a pro- 
motion of the end of its creation, and shall be charged 
with all corresponding duties, liabilities and responsibili- 
ties. 

1901. (3688) (1076) Credit of State pledged to pay- 
ment of interest. — For the payment of the interest, at the 
rate of eight per cent per annum, on the fund of two 
hundred and fifty-three thousand and five hundred dollars, 
arising from the sale of the script for the land donated in 
trust to this State by the act of Congress of July 2, 1862, 
the faith and credit of the State are forever pledged. 

1902. (3689) (1077) Powers of board of trustees.— 
The board of trustees have the power to organize the in- 
stitute by appointing a corps of instructors, who shall 
be styled the faculty of the institute, and such other in- 
structors and officers as the interest of the institute may 
require; and to remove any such instructors or other 
officers, and to fix their salaries or compensation, and 
increase or reduce the same at their discretion ; to regu- 
late, alter, or modify the government of the institute as 
they may deem advisable ; to prescribe courses of instruc- 
tion, rates of tuition, and fees; to confer such academic 
and honorary degrees as are usually conferred by institu- 
tions of similar character ; and to do whatever else they 
may deem best for promoting the interest of the institute. 
They shall also establish and maintain a military depart- 
ment in the institute, and elect a commandant and such 
other officers as may be necessary for the department. 

1903. (3690) (1078) Classification of trustees. — 
The trustees of the institute are divided into three classes, 
as follows : The trustees from the fourth, fifth, seventh, 
and ninth districts shall constitute the first class; those 
from the eighth, sixth, and second districts shall con- 
stitute the second class ; and those from the third and first 
districts shall constitute the third class; and they shall 
hold office, and their seats be vacated as prescribed by 
section 266 of the Constitution. 



100 PUBLIC SCHOOL LAWS OF ALABAMA 

1904. (3691) (1079) Vacancy in office of trustees; 
how filled; term of appointee. — Any vacancy in the office 
of trustee, occurring during the recess of the Legislature, 
shall be filled by appointment of the governor, such ap- 
pointee to hold until the next session of the Legislature 
thereafter; such vacancy shall be filled by the governor, 
by and with the consent of the senate ; and any trustee 
appointed to fill a vacancy by the governor, by and with 
the consent of the senate, shall hold during the unex- 
pired term. 

1905. (3692) (1080) Time and place of meetings of 
trustees. — The board of trustees shall hold their meetings 
at the institute on the last Monday in June of each year, 
unless the board shall, in regular session, determine to 
hold its meetings at some other time and place ; and upon 
the application in writing of any four members of the 
board, the governor shall appoint a special meeting, nam- 
ing the time and place thereof, and cause notices thereof 
to be issued to the several members of the board, but 
such meeting shall not be appointed for a day less than 
twenty days subsequent to the date of the notice. 

1906. (3693) (1081) Quorum of board of trustees.— 
Six members of the board of trustees shall constitute a 
quorum, but a smaller number may adjourn from day 
to day until a quorum is present. 

1907. (3694) (1082) Payment of expenses to trus- 
tees. — The certificate of the president of the board, or, 
in his absence, of the president pro tempore, counter- 
signed by the secretary, shall entitled the several trustees 
to the payment of their actual expenses incurred in the 
discharge of their duties as such trustees. 

1908. (3695) (1083) When gift or grant not affect- 
ed; will not operate a forfeiture. — No grant or gift, by 
will or otherwise, shall fail on account of any misnomer 
or informality, when the intent of the grantor or donor 
can be arrived at ; nor shall any default, malfeasance, or 
misfeasance, or non-user, on the part of the trustees, or 



PUBLIC SCHOOL LAWS OF ALABAMA 101 

other officers or agents of such corporation, work a for- 
feiture of any of its rights, privileges, powers, or fran- 
chises. 

1909. (3696) (1084) Report of trustees to Legisla- 
ture. — It shall be the duty of the board of trustees to 
make, or cause to be made to the Legislature, at each ses- 
sion thereof, a full report of their transactions, and of the 
condition of the institute, embracing an itemized account 
of all receipts and disbursements on account of the insti- 
tute by those charged with the administration of its 
finances. 

1910. (3697) (1085) Interest paid by treasurer; 
when bond required of officers or agents. — The State 
treasurer must pay the interest on the fund of two hun- 
dred and fifty-three thousand and five hundred dollars 
arising from the sale of land script quarterly, as the 
same may accrue to the treasurer or other authorized 
agent or officer of the institute; and on the application 
of the treasurer, agent, or officer, the State auditor shall 
draw his warrant on the State treasurer for such inter- 
est; but in no case shall any person be authorized to 
receive, hold, or disburse any fund of the institute, with- 
out first having given bond conditioned for the faithful 
performance of his duties. 

1911. Appropriation in lieu of fertilizer tag tax; how 
paid. — In lieu of the share of the proceeds arising from 
the sale of fertilizer tags heretofore paid to the Alabama 
Polytechnic Institute, the sum of thirty-two thousand dol- 
lars for one year 1907-1908, thirty-six thousand dollars 
for the year 1908-1909, thirty-eight thousand dollars for 
the year 1909-1910, and thereafter forty thousand dollars 
annually is appropriated to said institute and the funds 
thus appropriated shall be paid out of any funds in the 
treasury of the State not otherwise appropriated, which 
appropriation shall be paid on the requisition of the pres- 
ident and treasurer of said institute, upon the approval 
of the governor. 



102 PUBLIC SCHOOL LAWS OP ALABAMA 

ARTICLE 25. 

ALABAMA GIRLS' TECHNICAL INSTITUTE. 

1912. Corporate name; rights and powers of. — "The 
Alabama Girls' Industrial School" heretofore established 
at Montevallo, is a body corporate under the corporate 
name of "The Alabama Girls' Technical Institute" and by 
that name may sue and contract, take and hold real and 
personal property, and have all the powers of a corpora- 
tion established to carry on a State educational institution 
of the highest grade and rank. 

1913. Trustees; term of office; vacancy; how filled. — 
The corporation and school shall be governed by a board 
of trustees composed of the governor, the superintendent 
of education, one trustee from every congressional dis- 
trict, and two trustees from the State at large. The trus- 
tees from the odd numbered district shall hold office till 
the first Monday after the second Tuesday in January, 
1911, and till their successors are appointed and quali- 
fied, who shall hold office for a term of eight years, and 
till their successors are appointed and qualified. 

The trustees from the even numbered districts and 
from the State at large shall hold office till the first Mon- 
day after the second Tuesday in January, 1915, and till 
their successors are appointed and qualified, who shall 
hold office for a term of eight years, and till their suc- 
cessors are appointed and qualified, and thereafter the 
term of office of every trustee shall be eight years. 

Whenever a vacancy occurs in the office of trustee, 
the governor shall appoint a successor, who shall hold 
office till the next meeting of the Legislature, when the 
governor, by and with the advice and consent of the sen- 
ate, shall appoint a trustee, who shall hold office for the 
unexpired term. 

Upon the expiration of the term of office of any trustee 
the governor shall, by and with the advice and consent of 
the senate, appoint a successor. 

A trustee shall be ineligible to be elected to any office 
by the board of trustees. 



PUBLIC SCHOOL LAWS OF ALABAMA 103 

1914. Purposes for which school established. — The 
school is established for the purpose of giving therein 
instruction in the liberal arts and sciences, and the follow- 
ing academic departments are established, for every one 
of which a professor shall be selected as hereinafter pro- 
vided, namely: 

1, English — literature and expression ; 2, mathematics ; 
3, history and political economy ; 4, psychology and educa- 
tion ; 5, ancient languages ; 6, modern languages ; 7, chem- 
istry and geology ; 8, physics and astronomy ; 9, biology — 
botany, floriculture, and horticulture. 

And the following industrial departments are estab- 
lished, for every one of which a director shall be selected 
as hereinafter provided: 

1, Art — drawing, painting, and designing ; 2, vocal mu- 
sic; 3, instrumental music; 4, commercial — bookkeeping, 
stenography, typewriting, telegraphy; 5, domestic art — 
sewing, millinery, dress-making; 6, domestic economy — 
cooking, chemistry of foods; 7, dairying; 8, physical cul- 
ture; 9, manual training. 

And the trustees shall, from time to time, establish and 
maintain departments wherein every other branch of 
human knowledge or industry by which women may live 
shall be taught. 

The trustees may leave vacant the office of professor 
or director in any department, as the best interests of the 
school may require, and cause instruction to be given 
therein by some competent instructor selected as the pro- 
fessors and directors are selected. 

The president, professors, and directors shall constitute 
the faculty of the school. 

1915. Powers to confer honorary degrees; diplomas, 
certificates, etc. — The trustees of the school, by and with 
the advice and consent of the president and faculty, may 
confer regular and honorary degrees upon such persons 
as they deem worthy thereof, and may grant and confer 
degrees, diplomas, or certificates of proficiency or distinc- 
tion upon such students as may be entitled thereto under 
the laws established by the trustees governing this sub- 
ject. 



104 PUBLIC SCHOOL LAWS OF ALABAMA 

1916. President; election and qualification of. — The 
trustees shall elect a president for a term to be fixed by 
them, who shall not be removed during the term for 
which he is elected, except for just cause, which shall be 
explicitly set forth in writing in the minutes of the pro- 
ceedings of the trustees and approved by a majority of all 
trustees. No person shall be eligible to the office of presi- 
dent unless he is a graduate of some college or university 
of well-known high standing, an educator by profession, 
of good moral character, and possessing good business 
and administrative qualifications, and if a man, must be 
a married man. The trustees shall fix the salary of the 
president before electing a person to the office, and shall 
not decrease the amount thereof during the term of office 
without the consent of the president. 

1917. Departments; professors and directors; how 
chosen. — The trustees shall establish such additional de- 
partments, academic and industrial, in the school as they 
deem necessary and proper, and fix the salary or compen- 
sation to be paid to the professors, directors, and instruc- 
tors therein. The president of the school shall by and 
with the advice and consent of the board of trustees, ap- 
point all the professors, directors, and instructors of all 
the departments of the school. Whenever a nomination 
is rejected by the trustees the president, if he so desires, 
shall have reasonable time within which to make another 
nomination, but he shall not have the power to nominate 
any person rejected within one year thereafter. Should 
the president fail or refuse to nominate any one to be a 
professor, director, or instructor, the trustees shall elect 
such professors, directors, and instructors as they deem 
necessary or proper. 

1918. Secretary of trustees. — The trustees shall elect 
a secretary, who shall hold office for the term and receive 
such compensation as may be fixed by the trustees, and 
shall perform such services as may be required of him. 

1919. Treasurer; election, duties, and bond of. — The 
trustees shall elect a treasurer, who shall not be a trustee, 
who shall receive, hold, and pay out all moneys belonging 



PUBLIC SCHOOL LAWS OF ALABAMA 105 

to the school, or that may be paid in for the necessary 
expenses of any student in the school, or for her use and 
benefit, and the treasurer shall hold office for the term and 
receive such compensation as may be fixed by the trus- 
tees. Before entering upon his duties, the treasurer must 
give bond in such penalty as the trustees may fix, payable 
to "The Alabama Girls' Industrial School," with condi- 
tions that he will faithfully receive, safely keep, and law- 
fully pay out, and promptly, fully and fairly account for 
all moneys or choses in action which may come to him 
by virtue of his office, and the trustees may require a new 
bond, or an additional bond, whenever they judge that the 
interest of the school requires it. 

1920. Removal of treasurer. — Whenever the funds in 
the hands of the treasurer, or about to be received by him, 
are in danger of being lost, the trustees may remove the 
treasurer from office and take from him all funds and 
choses in action belonging to the school or any pupil 
therein, and may, in that event, appoint a temporary cus- 
todian with bond or security to hold such funds. 

1921. Books of institution kept; must be open to in- 
spection. — The secretary, treasurer, and all other officers, 
agents, or servants of the school who are required to 
keep, use, or dispose of any property or supplies of the 
school, shall keep accounts of their transactions in books 
to be furnished them by the trustees, which shall at all 
times be open to the inspecti'on and examination of the 
president, the trustees, or any one appointed by the trus- 
tees thereto, and any person withholding such book or 
books belonging to the school from the inspection of any 
officer entitled to examine the same, shall be immediately 
removed from his office or employment by the president 
or trustees. 

1922. Pupils admitted; qualifications of. — Any white 
girl residing in Alabama, of good moral character, in 
good health, and of sufficient physical and mental develop- 
ment, to be judged of by the president, and over the age 
of fifteen years, who shall comply with all the require- 
ments prescribed by the trustees, may be admitted into 



106 PUBLIC SCHOOL LAWS OF ALABAMA 

the school, and upon completing the course of study pre- 
scribed at the time of her admission, to the satisfaction 
of the faculty, shall receive the degree and diploma or 
certificate she may have earned. Whenever the accom- 
modations of the school are sufficient to admit more stu- 
dents than apply from Alabama, then students from other 
states, territories, or foreign countries may be received 
and instructed in the school upon such terms and condi- 
tions as may be imposed by the trustees. 

1923. Property exempt from taxation. — The property 
of the school, of every kind and description, shall forever 
be exempt from all taxes, municipal, county, or state, and 
from all local assessments. The president, and all other 
teachers and officers, who may be men, are exempt from 
jury duty and from working public roads or streets ; and 
the salary, wages, or compensation of all officers, teachers, 
and servants of the school shall be exempt from the proc- 
ess of garnishment or attachment. 

1924. Scholarships. — Every trustee of the school shall 
have the right to appoint one student possessing the quali- 
fications hereinbefore prescribed, who shall be boarded 
and instructed in the school free of all charges for board, 
washing, lights, books, and incidental fees, but a student 
shall not be eligible to appointment for more than four 
years, nor shall any girl be appointed under this provi- 
sion who is able to pay for her education, or whose par- 
ents, or either of them, have the ability to pay for her 
education in the school. 

1925. Duties of students. — As far as may be prac- 
ticable students in the school shall be employed in giving 
assistance in any department of work of the school to 
enable them to obtain instruction therein, but students 
shall be employed only in cases and to the extent that 
they may be able to render efficient service without injury 
to themselves or to the school. 

1926. Rights confirmed, etc. — All rights of property 
in action which may have accrued to the school before the 



PUBLIC SCHOOL LAWS OF ALABAMA 107 

adoption of this Code are confirmed and preserved, and 
no grant or gift of any valuable thing or right shall fail 
by reason of a mistake in the name of this corporation or 
school; provided the intention to grant or give to this 
school may be derived from the words used in designating 
the benficiary or grantee. All rights, powers, and reme- 
dies granted in and by an act to create and establish an 
industrial school in the State of Alabama for white girls, 
approved February 21, 1893, and any act amendatory 
thereof, are confirmed and preserved. 

1927. Instruction free. — Instruction in the school shall 
be given without charge to all pupils admitted who are 
residents of this State. 

1928. Power to condemn property. — Whenever the 
school needs any land near the school for any purpose 
of the school, and the owner theerof is a minor or an 
insane person, or refuses to sell the land to the State for 
the use of the school, the trustees shall have authority 
to institute in the probate court of Shelby county proceed- 
ings in the name of the State of Alabama, to condemn 
such land, which proceedings shall be conducted as near 
as may be possible in accordance with the provisions of 
sections 3860-3903 (1712-1742) of the Code. It shall be 
the duty of the trustees to pay out of the funds of the 
school all costs of every condemnation proceeding insti- 
tuted by them under the power hereby conferred. 

1929. Appropriation for girls' industrial school. — 
For the regular maintenance of the Alabama Girls' Indus- 
trial School there is appropriated, annually, thirty-six 
thousand dollars, to be paid in quarterly installments of 
nine thousand dollars to the treasurer of the school upon 
the order of the president of the school. 

1930. Title to and sale of land of industrial school for 
girls. — The title to all lands granted by the Congress of 
the United States to the State of Alabama, "for use of" 
said industrial school, is retained until the trustees of the 
school shall sell the same, which sale shall be made only 
with the approval of the governor, and when any sale 



108 PUBLIC SCHOOL LAWS OF ALABAMA 

shall have been made, the governor, upon the request of 
the trustees, shall convey the lands sold to the purchaser, 
and all the proceeds arising from the sale of lands shall 
be paid into the treasury of the State to remain forever 
as a fund for the use of the school, and upon which there 
shall be paid to the school interest at the rate of six per 
cent, per annum, in quarterly installments. 

1931. Deposits of proceeds of sales, leases, etc., of 
school lands; payment of expenses of selling, etc. — The 
proceeds of all lands sold or leased by the Alabama Girls' 
Industrial School shall be paid into the State treasury, 
and the school, out of the money appropriated by the 
State for the maintenance of the school, shall pay all the 
expenses of caring for, protecting, and selling the lands. 

1932. Interest on land fund paid quarterly. — On the 
last day of every quarter the State treasurer shall pay 
to the treasurer of the Alabama Girls' Industrial School, 
upon the order of the president of the school, interest at 
the rate of six per cent per annum on the whole amount 
of the fund in the State treasury at the close of every 
quarter, arising from the sale of lands, and upon every 
sum paid into the State treasury before the current quar- 
ter upon which interest has never been paid ; and all laws 
or parts of laws in conflict herewith are hereby expressly 
repealed. It being the purpose and intent of the State 
of Alabama to execute in good faith the trust reposed in 
it by Congress when granting the lands to the State for 
the benefit of the school, and to preserve the proceeds 
arising from the lease or sales of the lands of the school 
so granted by Congress as a fund forever, and to pay the 
interest thereon for the support and maintenance of the 
school. 



ARTICLE 26. 

ALABAMA INSTITUTE FOR THE DEAF. 

1933. (3698) (1086) (1311) (1025) Educational 
institutions for the deaf established. — There is estab- 



PUBLIC SCHOOL LAWS OF ALABAMA 109 

lished in this State and located at Talladega, an institution 
for the education of the deaf, called the Alabama School 
for the Deaf. 

1934. (3699) (1087) (1312) (1026) Incorporation 
of such institution.— -The governor, the superintendent of 
education, and eleven other persons, appointed as herein- 
after provided, are made a body corporate, with the 
rights of succession forever, by the name of the Alabama 
School for the Deaf; and such corporation may acquire 
and hold property ; real and personal, by gift, devise, or 
any other manner, for the purpose of its creation ; may 
sue and contract ; may have and use a common seal ; break 
or alter the same at pleasure, and may have all the powers 
necessary and proper to accomplish the purposes of this 
article. 

1935. (300) (1088) (1313) (1027) Eleven trustees 
appointed by the governor; board of trustees. — Such 
board of trustees shall consist of the governor, the super- 
intendent of education, and eleven other persons, who 
shall be appointed by the governor and confirmed by the 
senate at the meeting of the Legislature next following 
such appointment, and if any appointment by the gover- 
nor is rejected by the senate, the governor must again 
appoint until the full number of appointments at such 
time is complete ; and in case of a vacancy on said board 
by death or resignation of a member, or from any cause 
other than the expiration of his term of office, the gover- 
nor may fill the vacancy by appointment, which shall be 
good until the next meeting of the Legislature, and until 
his successor is duly appointed and confirmed. Each 
trustee shall hold office for a term of six years. The 
board shall consist of three members from the congres- 
sional district in which the school is located, and one 
from each of the other congressional districts in the 
State. The three members from the district in which 
the school is located shall be appointed from Talladega 
county. The board shall be divided into three classes. 
The members from the first, second, third, and one mem- 
ber from the fourth district, shall compose the first class. 



110 PUBLIC SCHOOL LAWS OF ALABAMA 

The members from the fifth, sixth, and one member from 
the fourth district, shall compose the second class. The 
members from the seventh, eighth, ninth, and one mem- 
ber from the fourth district, shall compose the third class. 
Successors to those trustees whose terms expire in 1908 
shall hold office until 1914; successors to those trustees 
whose terms expire in 1910 shall hold office until 1916; 
successors to those trustees whose terms expire in 1912 
shall hold office until 1918; and thereafter their succes- 
sors shall hold office for a term of six years; and the 
members of the board of trustees, as now constituted and 
elected, shall hold office until their respective terms ex- 
pire under existing law ; and until their successors are ap- 
pointed and confirmed as herein required. No trustees 
shall receive any pay or emolument other than his actual 
expenses incurred in the discharge of his duties as such. 
These eleven persons, and the governor and the superin- 
tendent of education, constitute a board of trustees who 
shall have entire management and control of such institu- 
tion, i I 

1936. (3701) (1089) (1314) (1028) Quorum and 
meetings of board; secretary and treasurer. — A major- 
ity of such board may act, and may meet and adjourn 
from time to time as, in their judgment, the interest of 
the institution may require. They must appoint a secre- 
tary and keep a complete record of all their proceedings 
in a well-bound book ; and they shall also appoint a treas- 
urer, who shall not be a trustee, who shall give bond in 
such amount as the board may determine, and with such 
sureties as they may deem sufficient, for the faithful 
discharge of his duties as such treasurer ; and he and his 
sureties shall be responsible for all funds which may 
come into his hands by virtue of his office. 

1937. (3702) (1090) (1315) (1029) Duties of 
treasurer. — The treasurer must pay over such funds as 
may come into his hands as such on the written order of 
the principal of the school, countersigned by the secre- 
tary and recorded in the minutes or records of the pro- 
ceedings of the board, kept by such secretary, and the 



PUBLIC SCHOOL LAWS OF ALABAMA 111 

treasurer shall make a full report at the close of the fiscal 
year, and oftener, if required by the governor. 

1938. (3703) (1091) (1316) (1030) President of 
board; teachers; compensation of officers. — The board 
must appoint from their number a president, and they 
must also appoint a principal teacher for such institution, 
who may nominate to the board such other assistants in 
the institution as he may think necessary for its success- 
ful management, such board having power of confirma- 
tion or rejection. The board must fix the amount of 
compensation for each of the officers and teachers, and 
the time of payment. 

1939. (3704) (1094) (1319) (1032) Object of the 
school; application and admission; term of pupilage. — 
The object of such school shall be to afford the means 
of education to the deaf of the State. All deaf children 
of the State between the ages of seven and twenty-one 
who are of sound mind, free from disease, and of good 
character, may be admitted to the benefits of this school. 
All applicants must make satisfactory proof to the board 
of trustees that they are citizens of the State, and that 
they are proper candidates for admission. Proof may be 
made by the applicant in person, or by next friend or by 
affidavit of any person cognizant of the facts, before the 
probate judge or notary public. The length of time which 
any pupil may continue in school shall not exceed ten 
years. Provided, however, that the board of trustees 
may increase the term of a pupil from year to year upon 
recommendation of the principal, to not exceeding four 
additional years, and no pupil shall be retained in school 
after having passed the age of twenty-five. No pupil shall 
be retained in school after it has been ascertained that 
such pupil has ceased to make progress or is not being 
benefited. Any pupil may be dropped at any time for 
cause by the board of trustees. 

1940. (3708) (1098) (1323) Selection and powers of 
executive committee. — The board may select from their 
number an executive committee of three, subject to 



112 PUBLIC SCHOOL LAWS OF ALABAMA 

change and removal by the majority of the board at any 
time ; and such committee is authorized to meet and trans- 
act any business that may be transacted by a majority 
of the board ; and whatever acts such committee may do 
shall be considered as done by the whole board. 

1941. (3710) Appropriations for each pupil. — For 
the maintenance and the support of the Alabama School 
for the Deaf the sum of two hundred and thirty-five dol- 
lars per pupil is hereby annually appropriated out of any 
money in the treasury not otherwise appropriated, such 
an appropriation to be based upon the number of pupils 
enrolled on the first day of January in each year, and to 
be drawn quarterly in advance by the treasurer of the 
board, and disbursed as directed by them. 

1942. (3711) Property to be insured and kept in 
repair; appropriation therefor. — The board of trustees 
must provide good and sufficient insurance, payable to the 
State of Alabama, upon the property of the State and 
under their control, and keep and maintain such property 
in good repair ; and for these purposes there is annually 
appropriated the sum of three thousand dollars ($3,000) 
to be drawn as appropriations for the support of the 
institute are drawn. Such appropriation shall be ex- 
pended only for the purpose herein specified. 



ARTICLE 27. 
ALABAMA ACADEMY FOR THE BLIND. 

1943. (3712) Educational institution for the blind 
established. — There is established in this State and lo- 
cated at Talladega, an institution for the education of the 
blind, called the Alabama School for the Blind. 

1944. (3713) Control and management. — Such insti- 
tuion is under the control and management of the board 
of trustees of the Alabama School for the Deaf, who may 
prescribe rules and regulations for the conduct of the 



PUBLIC SCHOOL LAWS OF ALABAMA 113 

same. The principal for the Alabama School for the Deaf 
is the chief executive officer. 

1945. (3714) Objects of school; application and ad- 
mission; term of pupilage. — The object of such school 
shall be to afford means of education to the blind of the 
State. All blind children of the State between the ages 
of seven and twenty-one who are of sound mind, free 
from disease, and of good moral character may be ad- 
mitted to the benefits of this school. All applicants must 
make satisfactory proof to the board of trustees that they 
are citizens of the State, and that they are proper candi- 
dates for admission. Proof may be made by the appli- 
cant in person, or by next friend, or by affidavit, or by 
affidavit of any person cognizant of the facts, before a 
probate judge or notary public. The length of time which 
any pupil may continue in school shall not exceed ten 
years; provided the board of trustees may increase the 
term of any pupil from year to year, upon the recom- 
mendation of the principal, to not exceeding four addi- 
tional years. And no pupil shall be retained in school 
after having passed the age of twenty-five. No pupil 
shall be retained in school after it has been ascertained 
that such pupil has ceased to make progress or not being 
benefited. Any pupil may be dropped at any time for 
cause by the board of trustees. 

1946. (3716) Appropriations for each pupil. — For 
the maintenance and support of the Alabama School for 
the Blind the sum of two hundred and fifty dollars per 
pupil is hereby annually appropriated, such appropria- 
tion to be based upon the number of pupils enrolled on 
the first day of January of each year, and to be drawn 
quarterly in advance by the treasurer of the board, and 
disbursed as directed by them. 

1947. (3717. Officers and teachers. — All officers and 
teachers of such institution must be appointed, and the 
salaries fixed and paid in like manner as the officers and 
teachers of the Alabama School for the Deaf are ap- 
pointed and their salaries are fixed and paid. 



114 PUBLIC SCHOOL LAWS OP ALABAMA 

1948. (3719) Laws relating to the Alabama School 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and the 
management and control of the Alabama School for the 
Deaf are applicable to the Alabama School for the Blind, 
except so far as such laws may be inconsistent with the 
provisions of this article. 



ARTICLE 28. 

ALABAMA SCHOOL FOR NEGRO DEAF MUTES AND BLIND. 

1949. (3720) Educational institutions for negro deaf 
and blind established. — There is established in this State 
and located at Talladega, an institution for the education 
of negro deaf and blind, called the Alabama School for 
Negro Deaf and Blind. 

1950. (3721) Control and management. — Such insti- 
tution is under the control and management of the board 
of trustees of the Alabama School for the Deaf, who may 
prescribe rules and regulations for the conduct of the 
same. The principal of the Alabama School for the Deaf 
is the chief executive officer. 

1951. (3723) Object of school; application and ad- 
mission; term of pupilage. — The object of such school 
shall be to afford the means of education to the negro 
deaf and blind of the State. All negro deaf and blind 
children between the ages of seven and twenty-one who 
are of sound mind, free from disease, and of good char- 
acter may be admitted to the benefits of the school. All 
applicants must make satisfactory proof to the board of 
trustees that they are citizens of the State, and that they 
are proper candidates for admission. Proof may be 
made by the applicant in person, or by next friend, or 
by affidavit of any person cognizant of the facts, before 
a probate judge or notary public. The length of time 
which any pupil may continue in school shall not exceed 
ten years; provided, the board of trustees may increase 



PUBLIC SCHOOL LAWS OF ALABAMA 115 

the term of a pupil from year to year, upon the recom- 
mendation of the principal, to not exceeding four addi- 
tional years. No pupil shall be retained in school after 
having passed the age of twenty-five. No pupil shall be 
retained in school after it has been ascertained that such 
pupil has ceased to make progress, or is not being bene- 
fited. Any pupil may be dropped at any time for cause 
by the board of trustees. 

1952. (3725) Appropriations for each pupil. — For 
the miantenance and support of the Alabama School for 
Negro Deaf and Blind the sum of two hundred and thirty 
dollars per pupil is hereby annually appropriated, such 
an appropriation to be based upon the number of pupils 
enrolled on the first day of January in each year, and to 
be drawn quarterly in advance by the treasurer of the 
board, and disbursed as directed by them. 

1953. (3726) Laws relating to the Alabama School 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf, are applicable to the Alabama School for Negro 
Deaf and Blind, except so far as such laws may be incon- 
sistent with the provisions of this article. 



ARTICLE 29. 

REFORMATORY AND INDUSTRIAL SCHOOL. 

1954. Corporate name; rights and powers. — There is 
established a reformatory and industrial school, under 
the name and style of the "Alabama Industrial School," 
which is a body corporate, and, as such, shall have per- 
petual succession, may sue, and may have and use a 
common seal, which it may change or alter at its pleasure, 
and may acquire by purchase, or by condemnation pro- 
ceedings in the probate court of Jefferson county, in the 
name of the State of Alabama, such property, real and 
personal, as may be necessary or proper for its purposes, 



116 PUBLIC SCHOOL LAWS OF ALABAMA 

and may have and exercise all such powers and privileges 
as may be necessary or proper for carrying out the pur- 
poses of its organization, as herein declared. 

1955. Directors nominated by governor; term of of- 
fice.— The business, property, and affairs of the corpora- 
tion shall be under the management and control of a 
board of directors, which shall consist of seven ladies 
and the governor, the commissioner of agriculture and 
industries, and the attorney-general of the State, who 
shall be ex officio directors. The ladies constituting' the 
first board of directors shall be nominated by the governor 
and confirmed by the senate, and those thus nominated 
and confirmed shall hold, two for two years, two for four 
years, and three for six years; those holding for these 
respective terms to be designated by the governor in mak- 
ing nominations therefor to the senate. Thereafter the 
lady members of said board shall be elected by the con- 
tinuing members thereof at the expiration of their respec- 
tive terms ; and all vacancies caused by death, resignation, 
or otherwise, shall be filled by the board. The term of 
office of each member of the board, after the expiration 
of the first term, shall be for six years. 

1956. Officers, agents, and employees. — The board of 
directors shall elect a president, vice-president, secretary, 
and treasurer, and such other officers, agents, and em- 
ployees as to them shall seem necessary or expedient, 
whose term of office of employment shall be for such time 
as the board may prescribe; and the board may remove 
any such officer, agent or employee at any time, with 
or without cause. The board may also fill all vacancies 
occurring in any such offices. 

1957. By-laws. — The board of directors may make 
such by-laws, rules, and regulations, not inconsistent with 
the laws of this State, as shall be necessary or expedient 
for the government and management of said institution, 
and of its officers, agents, and employees, with power to 
alter, modify, change, or repeal the same. 



PUBLIC SCHOOL LAWS OF ALABAMA 117 

1958. Meetings of the board.— The board shall meet 
annually, at such time and at such place as may be pre- 
scribed by the by-laws; and special meetings may be 
held at the call of the president, or of the governor, or 
of a majority of the lady directors, upon such notice as 
may be prescribed by the by-laws. 

1959. White children betiveen ages of six and eighteen 
provided for.— Said school shall receive, care, and pro- 
vide for the welfare of white boys between the ages of 
six and eighteen, who, by their course of conduct or 
surroundings, are likely to become base or criminal, or 
hurtful to the State or the best interests of society, to 
be committed to the keeping of said school under the pro- 
visions of this article, Or who may be voluntarily com- 
mitted to its keeping by the parent or parents, or person 
having them in charge, or who, having no parent, guard- 
ian, or other person to care for them, voluntarily commit 
themselves to its keeping. 

1960. Commitment of children to reformatory. — Any 
justice of the Supreme Court, chancellor, judge of pro- 
bate, circuit judge or judge of any city or criminal court 
of this State may cause to be brought before him, upon 
his own motion, or the sworn complaint of another, any 
white boy between the ages of six and eighteen years, 
who may come within any of the following descriptions, 
to-wit: Any white boy who is begging, or anyone who 
is offering for sale or selling anything as mere cover for 
begging. Any who have been abandoned by their parents, 
or who have abandoned their parents and homes, and 
have no visible means of support. Any who do not at- 
tend the public schools, and idle away their time in the 
streets, without any actual occupation or means of sup- 
port. Any who are orphans, and have no sufficient or 
proper guardian to care for their physical, moral, and 
mental welfare, to insure the child against pauperism and 
crime. Any who may be found destitute, or whose par- 
ents are both drunkards, or whose mother is a drunkard, 
lewd, or in prison; and such child is not supported and 
controlled. Any who shall have been arrested and brought 



118 PUBLIC SCH00IT5LAWS OF ALABAMA * 

before police courts repeatedly for petty offenses, and 
shall appear to be beyond control .'of parents. And upon 
any such child being brought before him, such judge shall 
proceed, at such time as he may ^appoint, to investigate 
the condition and surroundings of such child, and upon 
such investigation, if he shall be satisfied that the child 
comes within any one of said descriptions, and that it 
would be for the interest of such child that he or she be 
committed to said institution, he will make an order to 
that effect and commit the child .to said institution, to be 
held and provided for underwits rtiles and regulations. At 
any such investigation, the judge) holding the same shall 
allow any one to appear for the child and resist such com- 
mitment; and he shall not make -any such commitment if 
the parent, guardian, or a person who is related to the 
child within the fourth degree,, and sufficiently qualified 
in his opinion to take care of ajid tjr.ovide for the child, 
will appear and agree in writing-to take care of and 
provide for the child until he shall arrive at the age of 
sixteen years. 

1961. Appeals from decision committing child. — Any 
child brought before any judge for such commitment, or 
any person for such child, may within five days, appeal 
from the decision of the judge committing him, to the 
circuit or city court held in the county in which such 
investigation is had, upon giving bond, with sufficient 
sureties, to be approved by the judge, and in such sum 
as may be fixed by him, to have the child forthcoming 
when the appeal is heard ; and if the appeal be taken by 
any person for the child, the bond shall further provide 
for the maintenance of the child until said appeal is dis- 
posed of. If, upon hearing of the appeal, the decision of 
the judge causing the commitment is sustained, the child 
shall be committed by the court to said institution ; but if 
that decision is not sustained, the child shall be dis- 
charged. And the judge before whom such investigation 
is made, or to be made, may issue all process that may be 
necessary to have the child brought before him, or for 
commitment; and such process shall be executed by the 
sheriff of the county. 



PUBLIC SCHOOL LAWS OF ALABAMA 119 

1962. Time children shall be kept in reformatory.—- 
Any child committed to said institution under the provi- 
sions of this article shall be kept therein until he arrives 
at the age of twenty-one years, unless sooner dismissed 
therefrom by the order of the board of directors, or in 
pursuance of any by-laws of the institution, or by order 
of the governor of the State. 

1963. Reports to Legislature. — The ex officio mem- 
bers of the board shall at least once a year visit the insti- 
tution and examine into its management and condition; 
and at each session of the Legislature they shall make to 
that body a report touching the institution and its man- 
agement and condition. 

1964. Criminal children sentenced to school. — When 
any white boy between the ages of seven and sixteen 
years shall have been tried and convicted of any crime 
punishable by imprisonment in the penitentiary, or in 
jail, or by hard labor for the county, before any court of 
this State, the court may, if of the opinion that the inter- 
ests of the child would thereby be promoted, sentence 
such child to commitment to said school, in lieu of such 
imprisonment, or hard labor for the county. 

1965. May receive children without authority of court. 
—Said institution may, in its discretion, receive any child 
placed in its care and keeping by its parent or parents, 
without the authority of any court, and may keep said 
child until it is twenty-one years of age; but this shall 
not be done without first making provisions for the main- 
tenance of said child under the rules and regulations of 
said institution. 

1966. Exclusive custody of children who are commit- 
ted. From the time of the lawful reception of any child 

into the institution, and during its stay, said institution 
shall have the exclusive care, custody, and control of the 
child, under such rules and regulations as the board of 
directors may provide. 



120 PUBLIC SCHOOL LAWS OF ALABAMA 

1967^ Instructions given children committed. — The 
officers of said school shall receive and take into it all 
children committed thereto by competent authority, or 
received therein as aforesaid, and shall cause all children 
in the school to be instructed in such branches of useful 
knowledge as may be suited to their years and capacities. 
The boys shall be taught such useful trades as the board 
may direct, and they shall be taught according to the 
course of the public schools of the State. 

1968. Treasure!* of school; bond of. — The treasurer 
of the school shall, before entering upon the discharge 
of the duties of office, execute bond, payable to the "Ala- 
bama Industrial School," with good and sufficient sure- 
ties, and in such sum as the board of directors may pre- 
scribe, and with condition to faithfully discharge the 
duties of his office. 

1969. Detention and keeping of children; authority 
for. — Any commitment under this article, whether by 
judge, court, or parent, or other person having in charge 
the child, shall be full, sufficient, and competent authority 
to the officers and agents of said school for the detention 
and keeping therein of the child so committed. 

1970. Convict children separated from others. — Pro- 
vision shall be made for the care of convict children, sepa- 
rate and apart from the other children, so far as the same 
can be done with the means at hand. 



ARTICLE 30. 

PREPARATORY SCHOOL FOR MINES AND MINING. 

1971. Incorporation and name. — J. J. Mayfield, E. N. 
C. Snow, Hugh Morrow, T. H. Aldrich, H. W. DeBardele- 
ben, J. Collier Foster, and S. Friedman, and their succes- 
sors in office, are a body corporate, to be known and 
styled "A preparatory school for mines and mining for 
the State of Alabama," for the purpose of preparing 
white children of Alabama for the study and pursuit of 
the science and art of mining. 



PUBLIC SCHOOL LAWS OF ALABAMA 121 

1972. Location and powers of. — The situs and place 
of business of said corporation shall be at Tuscaloosa, 
Alabama ; said corporation may own, possess, and receive 
by gift, purchase, grant, or devise, or in any other man- 
ner, real and personal property, so long as the same 
have all other powers necessary to carry into effect and 
operation the objects and purposes for which the corpora- 
tion is established, or which have been heretofore granted 
by the State to other educational institutions may be used 
for the school purposes, or in any wise contributing to 
the maintenance or preparing and instructing the white 
children of the State in the arts and sciences of mining. 
And the said corporation may dispose of said property 
by sale, grant, or otherwise, and shall have all other pow- 
ers necessary to carry into effect and operation the objects 
and purposes for which the corporation is established, 
or which have been heretofore granted by the State to 
other educational institutions not inconsistent with the 
provisions of this article. 

1973. Faculty; election and term of office. — The trus- 
tees of said corporation shall elect the professors and 
teachers in said school, and fix their salaries and terms 
of office, who shall constitute the faculty of said school, 
which shall institute and prescribe a course of studies 
to be pursued in said school, and the said faculty so con- 
stituted may issue certificates of proficiency to the stu- 
dents in said school. A majority of the trustees hereto- 
fore appointed shall constitute a quorum for the transac- 
tion of all business in behalf of this corporation. 

1974. Trustees; classification and terms of office. — 
The trustees hereinbefore appointed and named shall be 
divided into five classes, viz. : Classes one, two, three, 
four, five and each class shall hold office respectively for 
the terms of one, two, three, four, and five years each, 
classification to be determined in the order in which they 
are named in the first section of this article ; at the expira- 
tion of the respective terms of each of said trustees his 
successor shall be elected by a majority of the other 
trustees ; provided, that after the expiration of the term 



122 PUBLIC SCHOOL LAWS OF ALABAMA 

of the trustees herein named, in the manner herein pro- 
vided, the term of office as to all successors shall be for 
five years, and until their successors are elected and quali- 
fied. 



No. 629.) AN ACT (S. 171. 

To amend article 31, chapter 41, of the Code of Ala- 
bama, 1907. 

Be it enacted by the Legislature of Alabama: 
That article thirty-one (31) of chapter forty-one (41) 
of the Code of Alabama of 1907 be and the same is hereby 
amended so as to read as follows : 

1. That the sum of $134,000 shall be appropriated an- 
nually for the purpose of aiding in the erection, repair 
and equipment of rural schoolhouses in this State from 
any funds in the treasury not otherwise expended, pro- 
vided however that $67,000 of the above appropriation 
shall act so as to decrease the amount that may be appro- 
priated to the general educational fund to that extent, 
and provided further that not more than $2,000 of this 
annual appropriation shall be used or paid out in any one 
county of this State in one fiscal year except the fund 
arising from unexpended balances as hereinafter pro- 
vided. 

2. That three or more citizens of any rural community 
or of any incorporated town in this State under the con- 
trol of the county board of education, where it is pro- 
posed to erect a school building according to plans fur- 
nished by the State department of education or to repair 
or to equip a school building according to plans approved 
by the State department of education, shall be eligible 
to make application to the county board of education for 
aid subject to the following conditions : 

The application shall show that bona fide donations of 
at least twice the amount for which aid is asked have al- 
ready been secured, and the application shall also con- 
tain a description of the plot of land upon which the 
public school building for which aid is sought is located 
or is to be erected. The maximum amount for which 



PUBLIC SCHOOL LAWS OF ALABAMA 123 

application is made for the erection of a school building 
shall not exceed four hundred dollars for a school build- 
ing with one class room, six hundred fifty dollars for a 
school building with two class rooms, nine hundred dol- 
lars for a school building with three class rooms, twelve 
hundred dollars for a school building with four class 
rooms, and fifteen hundred dollars for a school building 
with five or more class rooms. In the granting of aid 
in the erection of buildings under provisions of this sec- 
tion, the class room shall not be interpreted to include 
auditorium or work room but additional aid in the sum 
of three hundred dollars over and above the maximum 
amount specified for each type of building enumerated 
above, shall be available under the same conditions for 
the erection of an auditorium, and a further like amount 
shall be available for the erection of one work room of 
standard size. The maximum amount for which applica- 
tion is made for the repair or equipment of a school 
building shall not exceed four hundred dollars, provided 
that no application for repair or equipment for less than 
fifty dollars shall be considered. It shall be stipulated in 
each application that separate toilets for boys and girls 
to conform to standards set up by the State Board of 
Health will be erected. 

Sec. 3. That the county board of education shall con- 
sider all applications filed, shall approve such as seem 
most worthy under such regulations, as may be prescribed 
by the State superintendent of education, and shall keep 
a record of the proceedings showing the application ap- 
proved by the board, the amount of the bona fide dona- 
tions and the amount which the board recommends to be 
given to any school. The county board of education shall 
certify to the State superintendent of education the 
amount of donations which have been paid over to the 
county treasurer of public school funds ; and that a deed 
in fee simple to not less than two acres of land, if for 
the repair or equipment of any school building or for 
the erection of a school building with not more than two 
class rooms, and of not less than five acres of land for a 
school building containing three or more class rooms has 
been executed to the State of Alabama, provided that 



124 PUBLIC SCHOOL LAWS OF ALABAMA 

when application is made for the repair or equipment of 
any building the title to the property may be vested in the 
county board of education. The said certificate shall show 
the amount of money recommended to be given to the 
school; provided, that the deed or deeds conveying the 
title to the property shall accompany the certification 
made to the State superintendent of education and shall 
remain on file in his office. 

4. That before approving any application for aid which 
has been properly certified to him the State superin- 
tendent of education shall satisfy himself that the condi- 
tions of this act have been fully complied with. If he 
approves the application as certified to him by the county 
board of education he shall request the State auditor to 
draw his warrant on the State treasurer for the amount 
for which the application is approved. The State auditor 
shall draw his warrant on the State treasurer for the 
amount of money to be given to the school as shown by 
the requisition of the State superintendent, making the 
warrant payable to the county treasurer of public school 
funds of the county wherein the school is located and 
shall indicate therein for the benefit of what public school 
the same is issued. The warrant shall be delivered to 
the State superintendent of education who shall forward 
the same to the county treasurer of public school funds 
of the county wherein the school receiving the aid is 
located and shall also notify the county board of education 
of that fact, provided, that all persons receiving any war- 
rant or the proceeds thereof issued under this act shall 
issue a receipt to the person from whom he receives the 
same. 

5. That the erection, repair, and equipment of any 
school building under the provisions of this act shall be 
under the direction and control of the county board of 
education. To this end the board shall authorize all con- 
tracts and shall order the county treasurer of public 
school funds to make payment of the amount due under 
any contract, provided, that not more than two-thirds of 
the total amount for the erection, repair, or equipment of 
any school building, including the donations and the 
amount received from the State, shall be paid out until 



PUBLIC SCHOOL LAWS OF ALABAMA 125 

the inspection required under section 6 of this act has 
been made and approval certified to the county treasurer 
of public school funds and to the county board of educa- 
tion ; and provided further, that the State warrant, issued 
under the provisions of this act, shall not be cashed until 
inspection has been made and approval certified by the 
State superintendent of education. 

6. That whenever the county board of education shall 
certify to the State superintendent of education that the 
school building for which State aid is appropriated is 
completed and all equipment is in place or repairs made 
and that all indebtedness on the school building, equip- 
ment or repairs has been paid except such an amount as 
will be satisfied by the funds remaining in the hands of 
the county treasurer of public school funds, the State 
superintendent of education shall inspect or delegate some 
one to inspect the work done and equipment installed, 
and if such meets all requirements of the provisions under 
which State aid was granted, he shall authorize the 
county treasurer of public school funds in writing to pay 
out the remainder of the funds upon the order of the 
county board of education. 

7. The State superintendent of education shall open an 
account with each county in the State in a book kept 
by him for that purpose and shall charge against the 
county the amount of each warrant issued under this act 
for the benefit of the public schools of such county ; pro- 
vided, that any warrant not cashed by the county treas- 
urer of public school funds by reason of failure to comply 
with the requirements of this act shall, after the lapse 
of twelve months from the issuance of the same, be by 
him returned to the State superintendent of education, 
who shall mark the same "cancelled" and shall also make 
in the book kept by him in accordance with the preceding 
section a credit entry in favor of the county for which 
the warrant was originally drawn for the amount of any 
warrant so cancelled. 

8. That the unexpended balance, as shown by the . 
book kept by the State superintendent of education which 
have accrued to the several counties of the State from the 



126 PUBLIC SCHOOL LAWS OF ALABAMA 

rural schoolhouse fund provided in sections 1975 and 
1993, inclusive, of article 31 of the Code of Alabama of 
1907, shall upon the first day of October, 1915, be reappor- 
tioned equally to the several counties of the State, and 
thereafter the unexpended balances, as shown by the 
books kept by the State superintendent of education in 
accordance with section 7 of this act, at the end of each 
and every fiscal year shall be reapportioned equally 
among all the counties of the State in addition to the 
regular annual appropriation of $2,000; provided, that 
the State superintendent of education shall on the first 
day of October, or as early thereafter as practicable, 
make the apportionment herein required and certify the 
same to the State auditor, and provided further, that be- 
fore making the reapportionment herein provided for, 
the State superintendent of education may set aside from 
the unexpended balances of the preceding year such an 
amount as may be deemed to be necessary to procure ex- 
pert assistance in the drawing of plans, in the prepara- 
tion of estimates or bills of material, in the inspection of 
buildings, and for such other expenses incident thereto 
as are deemed necessary to make this act effective. The 
State superintendent shall also certify the amount so set 
aside to the State auditor and in paying out any part of 
the amount so set aside, he shall make requisition upon 
the State auditor who shall draw his warrant upon the 
State treasurer for the amount for which requisition has 
been made in keeping with this provision, provided that 
the unexpended balance from the amount so set aside 
shall be treated as other unexpended balances for the pur- 
pose of reapportionment at the end of each fiscal year. 

9. That any person or persons who shall knowingly 
use or apply, or authorize the use or application of the 
proceeds or any part thereof any funds authorized under 
this act for any purpose or purposes other than as re- 
quired by said act shall be guilty of a misdemeanor and 
on conviction shall be fined not less than $200 nor more 
than $1,000 and may also be sentenced to hard labor for 
the county for not more than twelve months. 

10. That this act shall become effective the first day 
of October, 1915, and all laws or parts of laws in conflict 



PUBLIC SCHOOL LAWS OF ALABAMA 127 

with the provisions of the same be and are hereby re- 
pealed. 

Note. — Sections 2, 3 and. 8 of above bill, approved September 22, 
1915, amended by H. B. 268, approved February 17, 1919. 

PROCEEDINGS FOR AND AGAINST COUNTY SUPERINTENDENTS 
OF EDUCATION (CIVIL CODE). 

5940. Against county superintendent for balance in 
his hands. — Summary judgments must be rendered on 
motion, after ten days' notice, in the circuit court, or 
other court having jurisdiction of the amount, of the 
county in which the defendants, or either of them, reside, 

J gainst any county superintendent of education who has 
reigned, removed from the county, or been legally re- 
moved from office, or whose term of office has expired, 
and frs sureties or any or either of them, in favor of his 
successors, if there be one, or if there be no successor, in 
favor of the superintendent of education, for the amount 
of school moneys belonging to his county, which has not 
been legally disbursed by him or paid over to his succes- 
sor in office, with interest from the time of the default, 
and twenty per cent damages and costs; and the money 
when recovered by the superintendent of education, must 
be turned over to the county superintendent of education. 

5941. Authority to employ counsel. — The county su-. 
perintendent of education may employ attorneys to prose- 
cute actions under the provisions of this article against 
such defaulters and their sureties; but in no case shall 
any attorney receive more than ten per cent of the amount 
which may be collected on any judgment obtained by him, 
or of the amount which may be otherwise recovered by 
him. 

5942. Notice. — The notice of such motion may be 
served by any sheriff of this State, and must succinctly 
state the cause for which, and the court and term at 
which, the motion will be made. 

5943. Transcript of superintendent of education evi- 
dence. — On the trial of such motion, a transcript from 



128 PUBLIC .SCHOOL LAWS OF ALABAMA 

the books and records in the office of the superintendent 
of education or the State auditor, duly certified under 
his hand, shall be prima facie evidence of the facts shown 
by them. 

5944. Time and manner of trial. — If the notice has 
been given as herein required, such motion shall stand 
for trial at the first term, and the court must hear and 
determine the same, and render judgment upon the evi- 
dence without a jury, unless a trial by jury shall be de- 
manded, when a jury must be immediately impaneleo to 
try the issues of fact, unless good cause be shown 'or a 
continuance. 

5945. In favor of teachers for moneys due them; co*'^ 
and notice; appeal from justice's court. — Summary judg- 
ment may also be rendered against the county superin- 
tendent of education and his sureties, or any or e^her < 
them, in favor of any teacher of the public schools, his 
legal representative, or assignee, by motion, on ten. days* 
notice, in any court of the county of such superintendent, 
of competent jurisdiction, for failing to pay ovei, on 
demand, to such teacher any moneys in the hands of such 
superintendent due or owing such teacher, as required 
by law, for the amount of such moneys with interest 
from the time of the demand, and ten per cent, damages 
on the aggregate amount, and. costs; but from all cases 
tried before a justice of the peace; or notary public ex- 
officio justices of the peace, either party shall have the 
right to appeal as provided by law in other cases decided 
before such officer. 



CITY AND TOWN SCHOOLS UNDER MUNICIPAL GOVERNMENT, 

1348. Schools; regulation of. — Cities and towns shall 
have power to establish, maintain, and regulate public 
schools in which children from seven to twenty-one years 
of age,, bona fide residents of and living within the cor- 
porate limits of such city or town, shall be entitled to 



PUBLIC SCHOOL LAWS OF ALABAMA 129 

admission; and non-residents shall be admitted on such 
terms as the board of education may prescribe, and sepa- 
rate schools shall be provided for children of African 
descent. 

1349. ^Education; board of. — In cities having a popu- 
lation of six thousand or more, the management and 
control of the public schools therein shall be vested in 
a board of education, which shall be composed of five 
members, who shall serve without compensation, and 
shall be qualified electors and residents of the respective 
cities, and who shall not be members of the city council. 
At the first regular meeting of the council in April, or as 
soon thereafter as may be practicable, at any regular 
meeting, the council shall elect the members of the board 
of education, whose terms of office respectively shall be 
one, two, three, four, and five years. Annually thereafter 
at the first regular meeting in April, or as soon thereafter 
as may be practicable, at a regular meeting, the council 
shall elect a member, whose term of office shall be five 
years, to succeed the member of the board of education 
whose term expires that year. In the event of a vacancy 
in the membership of the board, by resignation or other- 
wise, the fact shall be reported to the city council by the 
board, and the council shall elect a person to fill such 
vacancy for the unexp^ term. 

1350. Electio- of board of education. — At 
its first reg-* A Iay, after the election of 
said boa 1 - as soon -iter as practicable, and an- 
nua]!- *rd shall elect from its member- 
aV 3S id< - vice-president. It shall also elect 

not be a member of the board, and may 

asation. The vice-president shall perform 

i of the president only when the president may 

be absent from the city or unable to perform his duties. 

he board may fill any vacancy occurring from any cause 

in any of the offices mentioned in this section. 

*N te. — In those cities and towns where the commission form of 
government has been adopted, the board of education is elected by 
the members of the boards of commissioners. With this exception, 
sections 1348-1358 will still apply. 

5SC 



130 PUBLIC SCHOOL LAWS OF ALABAMA 

1351. School property; how held. — All property, real 
and personal and mixed, now held or hereafter acquired 
for school purposes, shall be held in trust for the use of 
the public schools of the city or town, and no sale or pur- 
chase of real estate shall be made by any other than the 
city council of such city or town. The board of education 
shall have full and exclusive power, within the limits of 
the revenue appropriated for such purpose or accruing 
to the use of the public schools, to purchase fixtures, fur- 
niture, apparatus, libraries, fuel, and supplies for the use 
of the schools and to sell the same, and to make expendi- 
tures for the maintenance and repair of the school ground, 
buildings, and other property, to establish and build 
new schools, when sites have been provided by the city 
council, and to superintend the erection thereof, to 
make additions, alterations, and repairs to the buildings 
and other property devoted to school uses, and to make 
necessary and proper regulations, contracts, and agree- 
ments in relation to such matters. All such contracts 
shall inure to the benefit of the public schools, and any 
suit at law or in equity, brought upon them, and for the 
recovery and protection of money and property belonging 
to and used by the public schools, or for damages, shall 
be brought by and in the name of the city. 

1352. Appropriation for schools. — Each year the 
board of education shall make an estimate in detail of 
the amount of money required for the proper support 
and maintenance of the public schools during the next 
ensuing scholastic year, which shall be submitted to the 
city council, and the city council shall make annual ap- 
propriations for the support and maintenance of the 
schools that it may deem necessary and proper in view 
of all other needs of the government of the city and of 
the expected revenues from taxes and otherwise. Money 
so appropriated and all money received from the school 
fund of the State, poll taxes, the sale of school property, 
the sale of bonds for school purposes, and from any other 
source whatever for school purposes, shall be held by the 
treasurer of the city as a special fund or funds for school 
purposes, and it shall be paid out by him on warrant 



PUBLIC SCHOOL LAWS OF ALABAMA 131 

drawn by the clerk of the board and countersigned by the 
president, or vice-president, when acting as president of 
the board of education, and by the clerk of the city, and 
not otherwise, and no warrant shall be drawn unless in 
pursuance of a resolution of the board of education en- 
tered upon its minutes. 

1353. School; control of. — The board of education 
shall have full control of the public schools of the city 
or town. It shall have power to establish schools, to dis- 
continue any school, to consolidate schools, to prescribe 
courses of study and books to be used, not in conflict with 
the general laws in reference to text-books, to divide the 
city into school divisions as circumstances may require, 
to employ teachers and a superintendent of schools and 
necessary employees and to fix their salaries and wages, 
to establish and maintain high schools and prescribe rules 
for the expulsion of pupils, to expel any pupil guilty of 
gross disobedience, or willful misconduct, to dismiss any 
superintendent, teacher, or employee, when in its opinion 
the interests of the school require it, and generally to 
have and exercise all rights, powers, and authority re- 
quired for the management of a system of public schools. 
It shall be the duty of the board of education to examine, 
or cause to be examined, all persons, at times and places 
fixed by it, offering as candidates for teacher's places, 
and when found qualified to give them certificates of quali- 
fication gratuitously, to grant diplomas without charge to 
graduates of the high schools, to visit all schools as often 
as once a month, to establish and uniformly enforce 
proper rules and regulations, to inquire into the perform- 
ance of their duties by the teachers and superintendent, 
and into the progress of the pupils, and to prepare and 
submit to the city council an annual report showing the 
operation of the schools for the past scholastic year, and 
suggesting their needs for the future. 

1354. Superintendent of schools. — It shall be the duty 
of the board of education to elect a superintendent of 
schools, fix his term of office and salary, and prescribe his 
powers and duties. The superintendent shall be required 



132 PUBLIC SCHOOL LAWS OF ALABAMA 

to give bond for the faithful performance of his duties, 
which shall be payable to said city, in a sum to be fixed 
by the board, not less than three thousand dollars, with 
surety or sureties to be approved by the president of the 
board, the bond to be filed with the clerk of the city or 
town. The superintendent may be elected clerk of the 
board of education, and if so elected his bond shall stand 
as security for the faithful performance of his duties as 
clerk, as well as superintendent, however conditioned. 
It shall be the duty of the clerk of the board of education 
to keep full and correct detail account of all money re- 
ceived and expended. The superintendent shall attend 
to the taking of the school census, which shall be taken in 
the months of April of each odd year, and it shall be his 
duty to make complete, and accurate reports of the same 
to the superintendent of education of the State. 

1355.* Board of education of towns having over one 
thousand and less than six thousand inhabitants. — Towns 
having a population of more than one thousand and cities 
having a population of less than six thousand shall have 
a board of education to consist of five members, which 
shall be elected by the council at its first meeting in April, 
1909, or as soon thereafter as may be practicable, and 
every two years thereafter. The members of said board 
shall be qualified electors and shall serve without com- 
pensation. As soon after the election as practicable, said 
board shall organize by electing one of their number 
president, and shall also elect one of their number secre- 
tary of said board. And said board shall have all the 
powers and be vested with all the authority in relation 
to public school as boards of education in cities of six 
thousand or more population. 

In towns of one thousand population or less the man- 
agement and control of the public schools therein shall 
be vested in a board of education to consist of five mem- 
bers, who shall have all the powers and be vested with all 

*Note. — In those cities and towns where the commission form of 
government has been adopted, the board of education is elected by 
the members of the board of commissioners. With this exception, 
sections 1348-1358 will still apply. 



PUBLIC SCHOOL LAWS OF ALABAMA 188 

the authority in relation to such public schools as boards 
of education in cities. Said board of education shall be 
elected by the qualified electors of the town at the first 
regular municipal election held under the provisions of 
this chapter and biennially thereafter. 

1356.* School districts. — Each incorporated city, or 
town, as a special school district, or embraced therein, 
shall receive its proportionate share of the public school 
revenue to be paid over by the State superintendent of 
education direct to the city superintendent of schools and 
by him paid over to the treasurer. 

1357. Municipalities exempt from school law. — The 
provisions of this chapter relative to public school sys- 
tems, except as to issue of bonds for the purchase of sites 
and the erection of public schoolhouses, or either, shall 
not apply to cities and towns in counties now having by 
law a combined city and county school system, operated 
under a single board of education, or where the members 
of the board hold office for life; but any city may issue 
bonds to procure money to purchase sites and erect public 
schoolhouses or either, and in all cases whenever any city 
or town in this State shall authorize an issue of bonds as 
provided by this chapter for the purpose of purchasing or 
constructing public schoolhouses and buildings, the pro- 
ceeds arising from the sale of bonds authorized to be 
issued by this chapter, shall be turned over to the board 
of education, or other board acting as such by whatever 
name called, having control of the public schools in said 
city or town, to be applied to the payment of the costs 
of the improvement in said city or town including pur- 
chase price of suitable site therefor, as designated in the 
ordinance providing for the issue of the said bonds ; and 
shall be administered under the direction of the said board 
of education or other board acting as such, and such 
board shall have full power of administration in and about 
the management and control of the said school or schools 
thus constructed, as part of the system under their admin- 



♦Declared inoperative by a ruling of the Attorney General. 



134 PUBLIC SCHOOL LAWS OF ALABAMA 

istration and control. Where, by any provision of laws, 
any certain or definite percentage or taxes, either or both, 
is required to be used for the maintenance of the public 
schools, then such provision shall be unaffected by this 
chapter and shall be and remain in full force and effect. 

1358. Libro/rieiS. — Cities and towns shall have the 
right to establish and maintain or aid in establishing and 
maintaining public libraries, either separately or in con- 
nection with the public schools. 



CHILD LABOR LAW. 

No. 169.) AN ACT (H. 208. 

To regulate the employment of minor children within 
the State of Alabama; to prohibit the employment of 
minors under certain conditions; to provide for the in- 
spection and regulation of establishments, occupations, 
places and premises where minors are employed; to en- 
trust the enforcement of the provisions of this act to the 
State prison inspector; to punish violations of this act; 
and to repeal acts in conflict with the provisions hereof. 

Be it enacted by the Legislature of Alabama: 
Section 1. That on and after September first, 1915, 
no child under thirteen years of age, and on and after 
September first, 1916, no child under fourteen years of 
age shall be employed, permitted or suffered to work 
or be employed in any gainful occupation, except agri- 
culture or domestic service : Provided, - however, that 
boys twelve years of age and over may be employed in 
business offices and mercantile establishments in cities 
or towns under twenty-five thousand population, accord- 
ing to the latest federal census, during such time as 
the public schools in the city or town in which the child 
resides are not in session. 

Sec. 2. No child under sixteen years of age shall be 
employed, permitted, or suffered to work in any gainful 
occupation except agriculture, or domestic service for 
more than six days in any one week, or more than sixty 



PUBLIC SCHOOL LAWS OF ALABAMA 135 

hours in any one week, or more than eleven hours in any 
one day, or before the hour of six o'clock in the morning, 
or after the hour of six o'clock in the evening. The pres- 
ence of any child under sixteen years of age in any mill, 
factory or workshop, laundry or mechanical establish- 
ment shall be prima facie evidence of its employment 
therein. 

Sec. 3. It shall be the duty of every employer to post 
and keep posted in a conspicuous place in every room 
where any boy under the age of sixteen years or any girl 
under the age of eighteen years is employed, permitted 
or suffered to work, a printed notice stating the maximum 
number of hours such person may be required or be per- 
mitted to work on each day of the week, the hours of com- 
mencing and stopping work, and the hours allowed for 
dinner or for other meals. The printed form of such 
notice shall be furnished by the inspector hereinafter 
named, and the employment of any minor for a longer 
time in any day than so stated, or at any time other than 
as stated in said printed form of notice shall be deemed 
a violation of the provisions of this act. 

Sec. 4. No person under the age of eighteen years shall 
in any city of twenty-five thousand population, or more, 
according to the latest federal census, be employed, per- 
mitted or suffered to work as a messenger for any person, 
firm or corporation engaged in the business of telegraph, 
telephone or messenger service, in the distribution, trans- 
mission or delivery of goods or messages after the hour 
of nine o'clock in the evening or before the hour of five 
o'clock in the morning of any day, and in any city or 
town under twenty-five thousand population no person 
under the age of eighteen years shall be employed, per- 
mitted or suffered to work as a messenger for any per- 
son, firm or corporation engaged in such service, in the 
distribution, transmission or delivery of goods or mes- 
sages after ten o'clock in the evening, or before five o'clock 
in the morning of any day ; and no person under twenty- 
one years of age shall be employed in any establishment 
where intoxicating liquors are manufactured or sold. 

Sec. 5. No child under the age of sixteen years shall 
be employed, permitted or suffered to work at any of the 



136 PUBLIC SCHOOL LAWS OF ALABAMA 

following occupations or in any of the following posi- 
tions: (1) operating or assisting in operating any of 
the following machines : (a) circular or band saws ; 
(b) wood shapers; (c) wood jointers; (d) planers; (e) 
sand paper or wood polishing machinery ; (f ) wood turn- 
ing or boring machinery; (g) machines used in picking 
wool, cotton, hair, or any other material; (h) job or cylin- 
der printing presses; (i) boring or drilling presses; (j) 
stamping machine used in sheet metal or tinware, or in 
paper or leather manufacturing, or in washer or nut 
factories; (k) metal or paper cutting machines; (1) cor- 
ner staying machines; (m) steam boilers; (n) dough 
brakes or cracker machinery of any description; (o) 
wire or iron straightening or drawing machinery; (p) 
rolling mill machinery; (q) power punches or shears; 
(r) washing, grinding or mixing machinery ; (s) launder- 
ing machinery; (2) or in proximity to any hazardous 
or unguarded gearing; (3) or upon any railroad, whether 
steam, electric or hydraulic; (4) or upon any vessel or 
boat engaged in navigation or commerce within the juris- 
diction of this State. 

Sec. 6. No child under the age of sixteen years shall 
be employed, permitted or suffered to work in any capac- 
ity — (1) in, about or in connection with any processes in 
which dangerous or poisonous acids are used: (2) nor 
in the manufacture or packing of paints, colors, white 
or red lead; (3) nor in soldering; (4) nor in occupations 
causing dust in injurious quantities ; (5) nor in the manu- 
facture or use of dangerous or poisonous dyes; (6) nor 
in the manufacture or preparation of compositions with 
dangerous or poisonous gases; (7) nor in the manufac- 
ture or use of compositions of lye in which the quantity 
thereof is injurious to health; (8) nor on scaffolding; 
(9) nor in heavy work in the building trades; (10) nor 
in any tunnel or excavation ; (11) nor in, about or in con- 
nection with any mine, coal breaker, coke-oven or quarry ; 
(12) nor in assorting, manufacturing or packing tobac- 
co; (13) nor shall any child under the age of sixteen years 
be employed upon the stage of any theatre or concert hall, 
or in any connection with any theatrical performance or 
other exhibition or show. 



PUBLIC SCHOOL LAWS OF ALABAMA 137 

Sec. 7. It shall be unlawful for any firm, person, or cor- 
poration to employ, permit or suffer any child under six- 
teen years of age to work in any gainful occupation, 
except agriculture or domestic service, unless such person, 
firm or corporation keeps on file for the inspection of the 
officials charged with the enforcement of this act, an 
employment certificate, as hereinafter prescribed, for 
every such child and unless such person, firm or corpora- 
tion, keeps on file for the inspection of the officials charged 
with the enforcement of this act, a complete list of all 
such children employed therein, provided, however, that 
in the cities or towns under twenty-five thousand popula- 
tion boys between the ages of twelve and fourteen years 
shall not be required to have such certificate for employ- 
ment in business offices and mercantile establishments 
during such time as the public schools are not in session. 
The inspector charged with the enforcement of this act 
may make written demands on any employer in whose es- 
tablishment a child apparently under sixteen years of age 
is employed or permitted or suffered to work, and whose 
employment certificate is not filed as required by this act, 
that such employer shall furnish him within ten days 
evidence satisfactory to him that such child is in fact 
sixteen years of age or over, or shall cease to employ or 
permit or suffer such child to work therein. Such official 
may require from such employer the same evidence of age 
of such child as is required for the issuance of any em- 
ployment certificate, and the employer furnishing such 
evidence shall not be required to furnish any further evi- 
dence of the age of the child. In case such employer 
shall fail to produce and deliver to such official within ten 
days after such demand, such evidence of the age therein 
required of him, and thereafter continue to employ such 
child or permit or suffer such child to work in such estab- 
lishment, proof of the giving of such notice and of such 
failure to produce and file such evidence shall be prima 
facie evidence in any prosecution that such child is under 
sixteen years of age, and is unlawfully employed. 

Sec. 8. No child under sixteen years of age shall be 
employed or be permitted to work or be detained in or 
about any mill, factory or manufacturing establishment 



138 PUBLIC SCHOOL LAWS OF ALABAMA 

in this State, unless such child shall attend school for eight 
weeks in every year of employment, six weeks of which 
shall be consecutive. 

Sec. 9. It shall be the duty of the superintendent or 
principal of schools in cities or towns to issue the employ- 
ment certificates mentioned in the foregoing section, or to 
authorize a person in writing to issue such certificates, 
acting in his name. Where there is no superintendent or 
principal of schools, said certificates shall be issued by 
the county superintendent of education or by person au- 
thorized by him in writing. 

Sec. 10. The person authorized to issue employment 
certificates shall not issue such certificates unless the 
child in question, accompanied by its parents or guardian, 
or person standing in parental relation thereto, has per- 
sonally made application to him therefor, and until he 
has received, examined, approved and filed the following 
papers duly executed: (1) A school record signed by 
the principal or teacher of the school last attended by 
said child, stating that such child has attended school for 
at least sixty days of the year immediately preceding the 
date on which the certificate is issued, and stating also 
the age and date of birth of said child, as shown on the 
records of the school, and the name and address of the 
parent, guardian or custodian; provided, that such evi- 
dence of school attendance outside of the State of Ala- 
bama, may be accepted at the discretion of the officer 
issuing these certificates; (2) one of the following evi- 
dences of age, showing the child to be fourteen years of 
age or over or if before September 1st, 1916, thirteen 
years of age or over, to be required in the order herein 
designated: (a) A duly attested transcript of the birth 
record of said child, filed according to law, with any 
officer charged with the duty of recording births, (b) or, 
a passport or duly attested transcript of a certificate of 
baptism showing the date of birth and place of baptism 
of such child, (c) or, in case the officer authorized to 
issue such certificate is satisfied that none of the above 
proofs of age can be produced, other evidence of the age, 
such as the affidavit of the parent, guardian or custodian 
of such child, as shall convince such officer that the child 



PUBLIC SCHOOL LAWS OF ALABAMA 139 

is fourteen years of age, or over, or if before September 
1st, 1916, thirteen years of age or over. The superin- 
tendent of schools in any city, town or district, wherever 
there is one, and where there is none, the county superin- 
tendent of education, shall between the first and tenth 
days of each month, transmit to the office of the State 
inspector hereinafter mentioned, a report, which report 
shall give the name of each child to whom a certificate has 
been granted, or denied during the preceding month, to- 
gether with the ground of such denial. A refusal or 
failure to transmit such report by any person charged 
under this section with the duty of transmitting the same 
to such State official, shall constitute a misdemeanor, 
punishable by a fine of not more than twenty-five dollars 
nor less than five. 

Sec. 11. Such certificate shall state the full name, place 
and date of birth of such child with the name and address 
of the parent, guardian, or persons sustaining the par- 
ental relationship to such child, and shall contain a state- 
ment signed by the issuing officer that the child has per- 
sonally appeared before him and that satisfactory evi- 
dence has been submitted that said child is fourteen years 
of age or over or if before September 1st, 1916, thirteen 
years of age or over. The printed form of the certificate, 
and other papers required in the issuing of employment 
certificates, shall be drafted by the State inspector, here- 
inafter mentioned, and furnished by him to the local and 
county superintendents of education. 

Sec. 12. On the termination of the employment of a 
child under the age of sixteen years, the employment 
certificate shall be returned by the employer holding the 
same, to the child to whom it is issued, or if the certifi- 
cate of such child is not claimed by such child within ten 
days after the termination of its employment, it shall be 
returned by the employer to the school authority by whom 
it was issued. 

Sec. 13. No boy under twelve years of age, and no girl 
under eighteen years of age, in any city of twenty-five 
thousand population, or more, according to the latest 
federal census, shall distribute, sell, expose, or offer for 
sale, newspapers, magazines, periodicals, hand-bills or 



140 PUBLIC SCHOOL LAWS OF ALABAMA 

circulars, or be employed or permitted, or suffered to 
work in any other trade, or occupation performed in any 
street or public place; provided, however, that boys ten 
years of age or over may engage in the distribution of 
newspapers and periodicals on fixed routes in the resi- 
dent districts of such cities. No boy under sixteen years 
of age shall engage in any such street occupation in any 
city of twenty-five thousand or more population, accord- 
ing to the last federal census, after eight o'clock at night, 
or before five o'clock in the morning of any day ; or unless 
he has secured and wears in plain sight a badge as herein 
provided ; or unless he is a regular school attendant. Such 
badge shall be provided and issued by the superintendent 
of schools or some person designated by him in writing, 
and shall be granted only after the child has applied to 
him personally, accompanied in person by his parent, 
guardian or custodian, and has submitted satisfactory 
proof that he is twelve years of age or over; or if en- 
gaged only in distributing papers or periodicals on fixed 
routes in the resident districts, ten years of age or over 
and that he is a regular attendant. Such badge shall be 
renewed annually on the first day of January and shall 
not be transferable, and the form, design or color shall 
be changed annually. A deposit of not more than fifty 
cents may be required by the person issuing same, to be 
returned upon the surrender of the badge, and if lost, 
the badge may be replaced upon the payment of twenty- 
five cents. Any child who shall engage in any such street 
occupation, in violation of the provision of this section, 
shall be deemed delinquent and brought before any court 
or magistrate having jurisdiction over juvenile delin- 
quents, and shall be dealt with according to law. Use of 
a badge may be revoked or suspended by said court or its 
authorized representatives upon such violation, or in case 
the child's school record is not satisfactory to the prin- 
cipal of the school which he attends. Any person who 
sells, or offers for sale any article of any description to a 
boy under sixteen years of age to be used for the purpose 
of sale or barter upon the streets, or in any public place, 
shall first ascertain that such boy wears his own badge 
in plain sight, as herein provided, and if said boy has no 



PUBLIC SCHOOL LAWS OF ALABAMA 141 

badge no article shall be sold to him. Any person violat- 
ing this provision shall be fined not less than one, and not 
more than fifty dollars. The police officers and other 
peace officers shall enforce the provisions of this section. 

Sec. 14. It shall be the duty of the State prison inspec- 
tor and his authorized assistants to inspect as frequently 
as possible, all establishments, wherein minors subject 
to the provisions of this act are, or may be, employed or 
permitted to work and to enforce the provisions of this 
act. For the purpose of administering this act, and any 
other laws relating to the employment of minors, the 
State prison inspector may be designated the State fac- 
tory inspector; and his deputy inspectors may, in the 
performance of their duties, in enforcing the provisions 
of this act, be known as deputy factory inspectors. It 
shall be the duty of the inspectors to institute prosecution 
for the violation of any of the provisions of this act. The 
solicitor of each county is charged with the duty of prose- 
cuting all violations of this act. 

Sec. 15. Every person, firm or corporation, owning or 
controlling any establishment wherein minors are em- 
ployed, subject to the provisions of this act, shall keep 
such establishment in sanitary condition, and properly 
ventilated, and shall provide suitable and convenient wa- 
ter closets, or privies, separate for each sex, and in such 
number and located in such place or places, as may be 
required by the inspector ; and when twenty or more per- 
sons are employed, sanitary drinking fountains shall be 
provided in such number as the inspector may deem 
necessary. All water closets shall be maintained inside 
such establishments except where, in the opinion of the 
inspector, it is impracticable. In all such establishments, 
there shall be separate compartments for females, to be 
used by them exclusively, and notice to that effect shall 
be painted on the outside of such compartment. The 
entrance to every water closet or privy, in such establish- 
ment, shall be effectively screened by a partition or vesti- 
bule. In every such establishment a printed copy of this 
act shall be kept conspicuously posted in every room in 
which minor persons work. It shall be the duty of the 
inspector to inspect thoroughly every such establishment,. 



142 PUBLIC SCHOOL LAWS OF ALABAMA 

to issue a written order for the correction of unsanitary 
or unhealthful conditions in such establishment, and to 
compel compliance with such order as herein provided. 

Sec. 16. The inspector shall have free access at any- 
time to any establishment where minors are, or may be 
employer or detained, and any person who refuses to 
allow the inspector to have free access to any such estab- 
lishment and every part thereof; or who hinders or ob- 
structs him in his inspection, or who makes any false 
statement to the inspector about the establishment, its 
operation or condition, or about any person working or 
detained therein, or who refuses to comply with any order 
issued under authority of section 15 of this act, shall be 
guilty of a misdemeanor, and shall be fined not less than 
fifty nor more than one hundred dollars, and on subse- 
quent conviction shall be fined not less than two hundred 
dollars. It shall be the duty of the inspector to remove 
from any establishment any child found employed, work- 
ing or detained therein contrary to law, and to remove 
therefrom any child who is afflicted with any infectious, 
contagious, or communicable disease. 

Sec. 17. Any person, firm or corporation who violates 
any of the provisions of this act, or who permits any 
child to be employed or to work in or about, or be detained 
in, or to be in or about any establishment, contrary to 
law, or who fails or refuses to obey within a reasonable 
time, any lawful orders or directions given by the State 
official charged with the enforcement of this act, unless a 
specified penalty is herein otherwise provided, shall be 
deemed guilty of a misdemeanor, and on conviction shall 
be punished by a fine of not less than ten dollars nor more 
than one hundred dollars, and upon second or subsequent 
conviction of any violation of any of the provisions of this 
act, shall be punished by a fine of not less than one hun- 
dred dollars, nor more than five hundred dollars. 

Sec. 18. Any person who makes a false affidavit when 
an affidavit is required under this act is guilty of a mis- 
demeanor and shall, upon conviction, be punished by a 
fine of not less than five dollars nor more than twenty 
dollars, and for a .second or subsequent conviction shall 
be imprisoned not more than ninety days. 



PUBLIC SCHOOL LAWS OF ALABAMA 143 

Sec. 19. The State prison inspector and his deputies, 
when traveling in the performance of their duties herein 
prescribed, shall be reimbursed their actual traveling 
expenses, when approved by the State prison inspector 
and by the governor to be paid on the warrant of the 
State auditor. 

Sec. 20. The word "inspector" is used herein to desig- 
nate or mean, the State prison inspector or his duly au- 
thorized deputies, such deputies being hereby clothed 
with the same duties and authority with which the State 
prison inspector is now or may hereafter be clothed. In 
the enforcement of the provisions of this act, the State 
prison inspector and his authorized deputies are hereby 
vested with the same authority as deputy sheriffs in each 
and every county in the State. 

Sec. 21. All laws and parts of laws in conflict with 
this act are hereby repealed. 

Sec. 22. If any section of this act shall be held uncon- 
stitutional, in whole or in part, the fact shall not effect 
any other section of this act, it being the intention of the 
Legislature in enacting this act to enact each section 
separately. 

Approved February 24, 1915. 



No. 65.) AN ACT (H. 55. 

To provide for the filling of any vacant office, of the 
State, or any county, or any municipality, when there 
is no provision of law for filling such vacancy. 

Be it enacted by the Legislature of Alabama: 
1. That when any office of the State, of any county, or 
municipality thereof, is vacant from death, resignation, 
removal from municipality, county, or State, or because 
the former incumbent absconds, or because an incumbent 
has been removed for ineligibility or when the office is 
vacant from any other cause, and there is no way pro- 
vided by law for the filling of such vacant office, the 
governor is hereby empowered and required to appoint a 
qualified person to fill the unexpired term of such office. 
Approved August 25, 1909. 



144 PUBLIC SCHOOL LAWS OF ALABAMA 

No. 15.) AN ACT (H. 141. 

To require the board of revenue and road commission- 
ers of Mobile county annually to levy a special tax of 
one-fifth of one per centum upon each one hundred dol- 
lars of all property assessed for taxation in said county, 
in addition to the special taxes now levied therein, for 
the support of the public schools of said county. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the board of revenue and road commissioners of 
Mobile county be required annually to levy a special tax 
of one-fifth of one per centum upon each one hundred 
dollars of all property assessed for taxation in said coun- 
ty, in addition to the special taxes now levied therein, for 
the support of the public schools of said county. 

Sec. 2. Said taxes shall be paid over to the board of 
school commissioners of Mobile county by the tax collector 
of Mobile county as rapidly as the same is by him col- 
lected. 

Sec. 3. Said board of revenue and road commissioners 
shall within fifteen days after the day of approval of this 
act, at a special meeting thereof to be called for that pur- 
pose, or at any lawful meeting held within that period, 
levy said tax for the tax year of 1909 upon the property 
now assessed or to be assessed for that year in said 
county. 

Approved August 9th, 1909. 



No. 40.) AN ACT ' (H. 60. 

To educate the children of Alabama on the evil of 
intemperance. 

Be it enacted by the Legislature of Alabama: 
1. That it shall be the duty of the State superintendent 
of education of the State of Alabama to have prepared and 
furnished to the teachers in the public schools placards 
printed in large type upon which shall be set forth in 
attractive style statistics, epigrams and mottoes showing 
the evils of intemperance especially from the use of intoxi- 
cating liquors. 



PUBLIC SCHOOL LAWS OF ALABAMA 145 

2. That it shall be the duty of the said State superin- 
tendent of Education to make changes in the matter 
printed on the said placards from time to time as he 
may deem proper and that he shall at all times keep the 
public schools of Alabama provided with a sufficient 
number of said placards to post one of them in every 
school room of Alabama. 

3. That the expenses of printing and expressing the 
said placards shall be paid out of the State treasury on 
an account made out by the said State superintendent of 
Education and approved by the governor and the auditor 
shall draw his warrant for the same. 

4. That it shall be the duty of every public school 
teacher in the State to keep one of the said placards 
posted in a conspicuous place in the school room occupied 
by such teacher. 

5. That it shall be the duty of the county superin- 
tendent of education and the district trustees to assist 
in the carrying out of the provisions of this act. 

6. That there shall be one day in each scholastic term 
of the public schools set apart to be known as Temper- 
ance Day when a suitable program shall be prepared to 
the end that the children of Alabama may be taught the 
evils of intemperance. 

Approved August 19th, 1909. 



No. 246.) AN ACT (H. 301. 

To regulate and provide for the location of public 
schools in school districts in which are located a manufac- 
turing plant or manufacturing plants, employing fifty or 
more children within the school age, who are subject to 
the child labor law. 

Be it enacted by the Legislature of Alabama: 
Section 1. That it shall be the duty of any county board 
of education or the board of education of any town or 
city in which there is located one or more manufacturing 
plants employing fifty or more children within the school 
age, who are required by the child labor law to attend 



146 PUBLIC SCHOOL LAWS OF ALABAMA 

school for any certain length of time during the year, to 
locate, or cause to be located, a public school for the ac- 
commodation of the children within the school age em- 
ployed by such manufacturing plant, or plants, and to 
apportion to the said schools so located such proportion 
of the school funds of said district as may be necessary 
to run the school or schools as nearly as practicable the 
same length of time as the other school or schools of the 
district are run; provided further, in incorporated cities 
or towns in which two or more schools are maintained 
that one or more of said schools may be designated by 
the proper school authorities as the school for the accom- 
modation of the children within school age employed in 
such plant or plants. 

Sec. 2. All laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby re- 
pealed. 

Approved April 6, 1911. 



No. 345.) AN ACT (S. 222. 

To provide for the establishment of libraries in the 
rural town and village schools of Alabama, to make an 
appropriation therefor, to provide for their maintenance 
and for their improvement, to authorize the commis- 
sioners' court or the board of revenue of the several coun- 
ties to make an appropriation for the establishment and 
support of said libraries, and to provide rules and regula- 
tions under which said libraries shall be established and 
maintained. 

Be it enacted by the Legislature of Alabama: 
Section 1. That the sum of one hundred dollars 
($100.00) for each county, in all sixty-seven hundred dol- 
lars ($6,700.00) be and the same is hereby appropriated 
annually out of any moneys not otherwise appropriated 
for the purpose of establishing and maintaining libraries 
in the public schools of Alabama; provided, that the 
provisions of this act shall not apply to any school located 
in a town or city of more than one thousand inhabitants. 



PUBLIC SCHOOL LAWS OF ALABAMA 147 

Sec. 2. That any commissioners' court, or board of 
revenue, or other similar court in any county of this 
State be and the same is hereby authorized to appro- 
priate not less than ten ($10.00) dollars, to each district 
public school in the county in any one year for the pur- 
pose of establishing, maintaining, enlarging, or improv- 
ing public libraries in rural, village, or town schools ; 
provided, that no appropriation shall be made to any 
school located in a town of more than one thousand inhab- 
itants. 

Sec. 3. That in order to obtain the benefits of the pro- 
visions of this act, the patrons or friends of any district 
school shall first raise a sum of not less than ten ($10.00) 
dollars, and deposit the said amount with the county 
superintendent of education. He shall within ten days, 
certify to the commissioners' court or other similar court 
or board of the said county, the fact of the said deposit, 
and request action thereon. Thereupon the said court 
or board shall at once, or at the first term following the 
receipt of the notice, consider the application, and shall 
either dismiss the same or make an appropriation of not 
less than ten ($10.00) dollars. If the appropriation shall 
be made, the probate judge or other presiding officer of 
the court or board shall on the same date certify the fact 
to the county superintendent of education, who shall im- 
mediately thereafter, transmit the same to the State su- 
perintendent of education. On receipt of notice the State 
superintendent shall make a requisition upon the State 
auditor for the sum of ten ($10.00) dollars, in order to 
meet such donation and appropriation. The said war- 
rant shall be drawn in favor of the county treasurer of 
school funds, to whom shall also be at once paid over by 
the county superintendent of education the amount first 
collected by voluntary subscription, and the sum appro- 
priated by the county. An account of said sums so re- 
ceived shall be kept separate; and they shall be paid out 
by him as hereinafter directed. 

Sec. 4. That the State superintendent of education, 
with the assistance of the director of the department of 
archives and history, shall compile and publish a carefully 
selected and annotated list of books from which the 



148 PUBLIC SCHOOL LAWS OF ALABAMA 

libraries herein provided shall be chosen, and they shall 
also adopt and publish rules and regulations for the 
choice of books, their uses, preservation and circulation, 
the erection of book shelves or book cases, and the equip- 
ment of library rooms or buildings, and the training of 
librarians or custodians for the libraries. The selection 
shall be as nearly as possible representative of the whole 
field of literature, and maximum prices for purchase shall 
be indicated . 

Sec. 5. That the local board of trustees of the district 
in which the school is located, and to which a library is 
granted, shall constitute a library board charged with the 
administration of the library as other school property, 
and they are hereby charged with the same care and 
attention in connection therewith as of the school grounds, 
the school building or buildings, and the school equipment. 
They shall select the librarian or custodian, who shall be 
the teacher, if he or she will consent to act, and they shall 
see that the rules prescribed herein are carried out, but 
if the librarian is other than the teacher, such person 
shall be under the direction of the teacher as the repre- 
sentative of the district board of trustees. They shall 
provide a suitable book-case, or book-cases, with lock and 
key, for the preservation of the library. 

Sec. 6. That the selection and purchase of the books 
from the authorized list shall be made by the district 
board of trustees, upon the recommendation of the teacher 
or of any patron or friend of the school. After the order 
therefor shall be placed, on receipt of notice of the deliv- 
ery of the books, the county treasurer of school funds 
shall draw a warrant or check to cover the charges, in- 
cluding the freight. Vouchers or bills in duplicate shall 
be made out, one copy for the county treasurer of school 
funds, and one copy to be sent by the bookseller or dealer 
to the State superintendent of education. 

Sec. 7. That all unexpended balances on the first day 
of October each year shall be reapportioned equally among" 
all the counties of the State. 

Sec. 8. That no person charged with any duties here- 
under shall receive any compensation or commission for 
his or her services. 



PUBLIC SCHOOL LAWS OF ALABAMA 149 

Sec. 9. That all laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby 
repealed. Provided this act shall take effect when in the 
opinion of the governor the condition of the State treas- 
ury will justify the appropriation herein provided for. 

Approved April 13th, 1911. 



No. 673.) AN ACT (H. 1554. 

To provide for the holding of teachers' institutes in this 
State, to authorize the employment of institute conduc- 
tors, and to make necessary appropriations for the same. 

Be it enacted by the Legislature of Alabama: 

1. That the sum of $6,500 be appropriated annually 
out of the general educational fund for the purpose of 
defraying the expenses of holding and conducting insti- 
tutes for the teachers of this State. 

2. That a teachers' institute shall be held each year in 
the several counties of the State or such groups of coun- 
ties as the State superintendent of education may desig- 
nate. The time for holding the institutes shall be fixed 
by the State superintendent of education after consulta- 
tions with the county boards of education concerned. 

3. That for the purpose of conducting these institutes, 
the State superintendent of education is authorized to 
employ persons of recognized ability to conduct the same 
under his direction, and to pay the persons so employed 
such salaries and expenses as may be required and as the 
funds will permit. 

4. That it is hereby made the duty of teachers to at- 
tend an institute for four full days in each scholastic year, 
and no teacher shall be employed in any elementary or 
high school supported in whole or in part from public 
funds, unless such teacher shall file with the board of 
education of the county or the incorporated city or town, 
as the case may be, a certificate showing that such teacher 
has attended a county institute for four full days within 
twelve months next preceding the date such teacher is to 
begin work under his contract, or that such teacher has 



150 PUBLIC SCHOOL LAWS OF ALABAMA 

attended an institution of higher learning and pursued a 
course of professional study for at least three weeks dur- 
ing the scholastic year in which the institute is held; 
provided that the State superintendent of education shall 
have power to excuse teachers from institute attendance 
for extraordinary reasons, and to this end he shall make 
rules and regulations governing the same; provided 
further, that the signed statement of the State superin- 
tendent of education that any teacher is excused by him 
shall be accepted in lieu of the certificate of institute 
attendance required in this section. 

5. That the county board of education and the boards 
of education of all incorporated cities and towns shall 
cause all the schools under their control for any race for 
which a teachers' institute is being held in a county or in 
a group of counties, to be suspended during the time of 
the holding of such institute, and the contract of any 
teacher who fails to attend an institute so held shall there- 
by be voided with the county superintendent of education 
a written statement that he has excused for good and 
sufficient reasons, the teacher failing to attend said insti- 
tute. The conductor of any institute shall issue a certifi- 
cate of attendance to each teacher attending the sessions 
of the institute, and shall make in duplicate a list of all 
teachers present at the institute for the required time and 
of those excused by him, and he shall file a copy of said 
list with the county superintendent of education and 
shall send the original to the State superintendent of 
education. 

6. That each teacher attending an institute shall pay 
to the county superintendent of education a fee of not 
less than fifty cents and not more than a dollar, which 
shall be used to supplement the State fund appropriated 
by this act for the maintenance of teachers' institutes. 

7. That the funds appropriated under this act shall be 
used for the payment of the salaries and expenses of the 
institute conductors and for such other expenses as may 
be necessary to make this act of the greatest benefit to 
the teachers of the State; and the State auditor shall, 
upon the approval of the State superintendent of educa- 
tion, issue warrants on the State treasury for said salaries 



PUBLIC SCHOOL LAWS OF ALABAMA 151 

and expenses ; provided that the institute conductor shall 
be paid as other State officers are paid ; provided further 
that all unexpended balances remaining to the credit of 
the institute fund for the year ending September 30, 
1915, shall be conveyed into the State treasury, to be 
drawn out upon the requisition of the State superintend- 
ent of education in the same manner that the appropria- 
tion under this act is drawn, and all unexpended balances 
after the above date at the end of any fiscal year shall 
remain to the credit of said institute fund, to be expended 
in any following year. 

8. That all laws and parts of laws in conflict with this 
act be and the same are hereby repealed. 

Approved September 23, 1915. 



No. 277.) AN ACT (S. 400. 

To provide for the disposition of the property of edu- 
cational corporations whose stockholders are unknown or 
where the amount or number of shares are unknown. 

Be it enacted by the Legislature of Alabama: 

1. That where the charter of any educational corpora- 
tion organized under the laws of this State, general or 
special, provides for the issuance of stock and such stock- 
holders are unknown or where the amount or number^ of 
shares are unknown the property of such corporation 
may be disposed of as follows : 

2. The acting trustees or directors having peaceable 
charge of the business and property of said corporation 
whether legally elected or not may contract to sell or 
otherwise dispose of the property of such corporation 
in such manner as they may deem best to carry out the 
purposes of said corporation which action must be con- 
curred in by a majority of such acting trustees or direc- 
tors. 

3. That within thirty days after making such contract 
or agreement such trustees or directors shall cause to be 
filed in the name of such corporation in the chancery court 
of the district in which such property or the principal 



152 PUBLIC SCHOOL LAWS OF ALABAMA 

part thereof is situated a petition in writing verified by- 
affidavit setting forth the purposes of such corporation 
and that the stockholders are unknown or that the amount 
or number of shares are unknown and setting out the sale 
or disposition contemplated and that in the judgment of 
such trustees or a majority of them such disposition is 
best to carry out the purposes of such corporation. If any 
of such stockholders are known such petition shall also 
set out their names and residence if known. 

4. On the filing of such petition the register shall cause 
publication to be made as to such unknown or non-resi- 
dent stockholders as provided by law for publication as 
to non-residents on the filing of bills in chancery and he 
shall issue a summons to all resident stockholders named 
in the petition which shall be served as other summons 
and the same proceedings had as to all the known stock- 
holders named in the petition as provided for bills in 
chancery. 

5. Within the time allowed for pleading to bills in 
chancery any known or unknown stockholders may come 
in and propound his claim and contest such disposition if 
he deem proper and such petition shall be heard as other 
bills in chancery and such disposition confirmed or set 
aside or such disposition made of said property as the 
equities of the case may require. 

6. If such petition is not contested within the time 
allowed for pleading to bills in chancery the same may 
be submitted to the chancellor in term time or vacation 
on affidavits and the character of said corporation or a 
certified copy thereof and he may render a decree thereon 
in term time or vacation ratifying such sale or disposition 
or modifying the same and prescribing such terms and 
restrictions as he may deem best for carrying out the pur- 
poses of such corporation and authorizing a conveyance 
of such property by such trustees or the president and sec- 
retary of said board which shall convey to the grantee all 
the title of said corporation or of any stockholders thereof 
in said property subject to the restrictions contained in 
such decree or he may refuse to ratify such disposition. 

7. If any money is paid under such decree the same 
shall be paid to the register to be distributed under the 



PUBLIC SCHOOL LAWS OF ALABAMA 153 

orders of the court to the parties entitled thereto on 
proper proof. 

8. Any party contesting such petition may at any time 
within sixty days after the rendition of such decree pros- 
ecute an appeal to the Supreme Court as on final decrees 
on bills in chancery and such appeal may also be taken 
by such acting trustees or directors in the name of such 
corporation. 

9. That all laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby re- 
pealed. 

Approved April 8, 1911. 



No. 199.) AN ACT (H. 674. 

To establish a State school for teaching agriculture 
and domestic economy at Lineville, Alabama, to provide 
for the management and control thereof, and to make 
appropriation to support said school. 

Be it enacted by the Legislature of Alabama, as fol- 
lows: 

Section 1. That there is hereby established at Line- 
ville, Clay county, Alabama, a school for teaching agri- 
culture and domestic economy to be known as the "North 
East Alabama Agricultural and Industrial Institute. 

Sec. 2. The said school shall be under the supervision 
and direction of a board of control to be composed of the 
following members : The State superintendent of educa- 
tion, the commissioner of agriculture and industries, the 
governor and two men who shall be residents of the con- 
gressional district wherein said school is located. Said 
two members shall be appointed by the governor, and 
shall hold office for four years and until their successors 
are appointed and qualified. The members of said board 
of control shall not receive any compensation other than 
traveling expenses actually incurred in attending meet- 
ings of said board. Said board shall elect a treasurer for 
such school, prescribe his compensation, fix his bond, and 
provide for the approval thereof. 



154 PUBLIC SCHOOL LAWS OF ALABAMA 

Sec. 3. The said board of control shall elect all neces- 
sary officers, teachers and other employees, fix their com- 
pensation, time of office and prescribe their duties ; they 
shall make all necessary rules and regulations for the 
government and control of said school. The said board 
of control shall prescribe the course of study for said 
school but instruction shall be given in the elements of 
agriculture, including instruction concerning the soil, 
plant life and animal life of the farm. The course of 
study shall also include the teaching of manual training, 
domestic economy and a system of keeping farm accounts 
and such other kindred subjects as may be prescribed. 

Sec. 4. The said board of control may provide for the 
collection of a matriculation fee from each pupil entering 
said school, which shall not exceed the amount fixed as a 
matriculation fee for county high schools. Said board 
shall make all necessary provisions for drawing the funds 
appropriated for the support of said school and for dis- 
bursing the same. 

Sec. 5. For the support of said school there is hereby 
made an annual and continuing appropriation of three 
thousand dollars, out of any money in the treasury not 
otherwise appropriated, and shall be payable quarterly 
beginning on the first day of October, 1911, and shall be 
used for no other purpose except the payment of the sal- 
aries of teachers in said school. Said appropriation shall 
be drawn on the certificate of the superintendent of edu- 
cation to the State auditor to draw his warrant in favor 
of the treasurer of said school, approved by the governor. 

Sec. 6. The said school shall be open to students of 
the white race, over the age of seven years residing in 
Alabama, provided that when students of advanced age 
attend such school in sufficient number special classes 
shall be organized for them, and continued for such 
time as may be necessary. 

Sec. 7. This act shall not go into effect until a suitable 
brick building situated on a tract of land of not less than 
ten acres in area has been provided for said school and 
the same has been conveyed by deed without cost or 
expense to the State of Alabama. Said building and 
land shall be of not less than twenty thousand dollars in 



PUBLIC SCHOOL LAWS OF ALABAMA 155 

value, which valuation shall be determined by the super- 
intendent of education and his certificate as to such valua- 
tion shall accompany the deed to the State. 
Approved March 31, 1911. 



No. 336.) AN ACT (H. 238. 

To create and establish a reform school for the train- 
ing of juvenile negro law-breakers at Mount Meigs, Ala- 
bama ; to make appropriations for the purpose and accept 
by donation all such lands and buildings as are needful 
therefor; to create a board of trustees and to provide 
for the suitable management of said institution. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby created and established at 
Mount Meigs, Montgomery county, Alabama, a reform 
school for educating and training juvenile negro law- 
breakers, to be governed and controlled by a board of 
trustees, composed of the governor, the superintendent 
of education, and seven other trustees, five of whom 
may be negro women who are interested in the proper 
education and training of juvenile negro law-breakers, 
to be appointed by the governor by and with the advice 
and consent of the senate. 

2. The school shall be a corporation named and called 
"The Alabama Reform School for Juvenile Negro Law- 
Breakers" and by that name may require and hold real 
and personal property, contract and sue, and have all 
other powers necessary for conducting such an educa- 
tional institution. 

3. The school is established for the proper education 
and training of juvenile negro law-breakers, as may be 
lawfully committed to it. The course of instruction in 
the school shall include a common school education, with 
a thorough training in agriculture and industries, and 
giving special attention to moral training so as to make 
him a self respecting, industrious, good citizen. Pro- 
vided, that no criminal over the age of 15 years shall be 
admitted to said institution. 



156 PUBLIC SCHOOL LAWS OF ALABAMA 

4. The board of trustees accept land and building at 
Mount Meigs where the reformatory is now located, and 
known as the "reformatory for negro boys," under the 
management of the State federation of colored women's 
clubs, incorporated under the laws of Alabama. The 
board of trustees shall take charge of the property and 
school and manage and control it under this act. The 
term of office of two of the men and two of the women 
first appointed under this act, shall expire on Monday 
after the second Tuesday in January, 1913, and their 
successors shall hold the full term of eight years. The 
other trustees appointed under this act shall hold office 
of trustees until Monday after the second Tuesday in 
January, 1915, and their successors shall hold office for 
a term of eight years. If any trustee should die, or resign 
the governor shall appoint a successor to hold for the 
unexpired term. All trustees for the school shall be 
appointed by the governor by and with the consent and 
advice of the senate. 

5. The trustees shall have the power to govern and 
control the school in all things, to prescribe the quali- 
fications of the officers and teachers, fix their term of 
office, and elect them to and remove them from office 
whenever the good of the school requires it. They shall 
have the power to require of any officer or agent of the 
school a bond and the power to fix the penalty and pre- 
scribe the conditions thereof. 

6. The authorities of the school shall receive every 
negro boy who may be committed to it by an order or 
judgment of any court of record to the State of Alabama, 
and support, govern and teach the boy until he shall be 
of the age of eighteen years or legally discharged from the 
school. 

7. The trustees are hereby authorized and empowered 
to accept a proper deed from the "State Federation of 
Colored Women's Clubs" a corporation, to the twenty 
(20) acres of land and all improvements situated thereon 
and may buy such other lands and buildings in connec- 
tion with said institution as they may deem proper, hav- 
ing regard to the healthfulness of the location, its sur- 
roundings, and accessibility to the railroad; and shall 



PUBLIC SCHOOL LAWS OF ALABAMA 157 

have authority to erect thereupon, any and all buildings, 
structures or machinery of every kind, suitable and neces- 
sary for the use and maintenance of the school. Provided, 
liowever, that before any appropriation hereinafter made, 
shall be used or available until the execution of a deed in 
fee simple to the State of Alabama, of the lands and 
buildings thereon hereinabove defined; which deed shall 
be to the State of Alabama for the specific purposes named 
in this act ; and unless such property so deeded is accepted 
and used by the State of Alabama for such purposes, then 
the same shall revert to the said "State Federation of 
Colored Women's Clubs," a corporation. 

8. For the support and maintenance of the school there 
is hereby appropriated the sum of one dollar and seventy- 
five cents per week for every boy lawfully attending and 
being instructed in the school, which shall be paid month- 
ly upon the sworn statement of the president of the school 
and approved by the governor, out of the State treasury. 
The expenses for transporting such boy, including the 
expenses of one guard, shall be paid out of the State 
treasury upon the sworn statement of the president of the 
school and approved by the governor. 

9. The board of trustees in charge of said school, are 
hereby given power and authority to make all such rules 
and regulations as may be needful to the successful opera- 
tion of said school and for the employment of all such 
guards as may be necessary in the successful manage- 
ment and control of said school, and to fix the salaries to 
be paid such guards and to limit the number thereof, 
which salaries shall be paid monthly upon the sworn 
statement of the president of the school and approved 
by the governor, out of the State treasury. 

10. The earnings and all other revenue derived from 
whatever source, shall be delivered to the board of trus- 
tees and used by such board for such purposes as such 
board of trustees may deem proper. Or such earnings 
may at the discretion of the said board of trustees, be 
paid in whole or in part, in the State treasury. 

11. For the purpose of all land needful and the erection 
of buildings on any of the land acquired under the pro- 
visions of this act, there is hereby appropriated out of 



158 PUBLIC SCHOOL LAWS OF ALABAMA 

the State treasury, the sum of $8,000.00 to be paid in 
quarterly annual installments, upon the certificate of 
the trustees with the approval of the governor, in pro- 
viding the necessary buildings, lands and equipments for 
the school. 

Approved April 24, 1911. 



No. 76.) AN ACT (S. 316— Lusk. 

To further regulate the employment of a land agent, 
or clerk, in the office of the auditor; to prescribe his 
duties, fix his compensation, define his powers and duties, 
and repeal all laws in conflict herewith. 

Be it enacted by the Legislature of Alabama: 

1. That the State auditor shall have charge of all lands 
which have been sold to the State for taxes unpaid; all 
"16th section" lands; all school indemnity lands; the salt 
springs lands reservation ; and all swamp and overflowed 
lands, and of all papers, documents and records relating 
thereto, except those which are required by law to be kept 
in the office of the secretary of State. 

2. That to enable the State auditor to discharge effec- 
tively and with benefit to the public his duties hereunder 
he shall appoint a land clerk, with the approval of the 
governor, who has had experience in dealing with public 
lands and who understands the system of survey and 
platting of the public lands of the United States, and 
who shall be paid a salary of one hundred and fifty dol- 
lars a month, as other clerks in the executive department 
are paid. This section shall not be so construed as 
authority for the employment of an additional clerk in 
the auditor's office to those now employed therein. 

3. That whenever in the judgment of the governor, or 
auditor, it is proper that any land described in this act 
should be examined or evidence obtained for the pro- 
tection of any of these lands, the land clerk may be 
sent to make such examination or to obtain such evidence, 
and his actual expenses shall be paid, upon his filing with 
the auditor a statement thereof by items, sworn to. 



PUBLIC SCHOOL LAWS OF ALABAMA 159 

4. That sections 886, 892, 893, 894, 895, 896 and 897 
of the Code be and the same are hereby severally re- 
pealed. 

Approved June 19, 1915. 



No. 37.) AN ACT (S. 168. 

To provide for the creation of a commission for the 
removal of adult illiteracy in Alabama, to be known as 
"The Alabama Illiteracy Commission," and to provide 
for the duties and powers thereof. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby created a commission to be 
known as "The Alabama Illiteracy Commission," which 
shall be composed of five persons, both men and women, 
including the State superintendent of education, who 
shall be ex-officio a member thereof. The commissioners 
shall be appointed by the governor and shall be selected 
for their fitness, ability and experience in matters of 
education, and their acquaintance with the conditions 
of illiteracy in the State of Alabama and its various com- 
munities. 

2. That the members of the commission shall be and 
are hereby constituted a body corporate with all the 
powers necessary to carry into effect all the purposes of 
this act. The commissioners after their appointment 
and qualification, shall organize by electing from their 
membership a president and a secretary-treasurer. The 
secretary-treasurer shall execute a bond to the State of 
Alabama in a reputable bonding company and in such 
an amount as the commission may approve, for the faith- 
ful performance of the duties of his office and for the 
proper handling and accounting of all properties and 
monies which may come into his hands by virtue of his 
office; provided, that the secretary-treasurer may be 
removed by the commission and a successor appointed by 
the commission in its discretion. 

3. That it shall be the duty of the commission and it 
shall have the power to make research, collect data, and 



160 PUBLIC SCHOOL LAWS OF ALABAMA 

procure the services of any and all communities of the 
State looking to the obtaining of a more detailed and 
definite knowledge as to the true conditions of the State 
in regard to its adult illiteracy, and report regularly the 
results of its labors to the governor, and to perform any 
other act which in its discretion will contribute to the 
elimination of the State's adult illiteracy by means of 
the education and enlightenment of illiterate persons in 
the State of Alabama; and the commission shall expend 
any funds or use anything of value which it may receive 
in accordance with such regulations as it may from time 
to time adopt; provided, however, that any or all funds 
which may come into the hands of the commission shall 
be expended in keeping with the general purposes of 
this act. 

4. That the commission shall adopt such rules and 
regulations as may seem expedient for carrying on its 
business in a manner which shall seem to it most satis- 
factory. 

5. That the members of this commission shall receive 
no compensation for their services nor expenses of any 
kind out of the State treasury, but they shall be reim- 
bursed out of any funds which may come into the hands 
of the commission from other sources for the use of the 
commission for their actual traveling and other necessary 
expenses incurred in the performance of their duties. 

Approved February 9, 1915. 



No. 119.) AN ACT (S. 182. 

To prohibit the employment of public school teachers 
of less than seventeen years of age, and to provide for 
the education of pupils of any school having less than 
ten pupils. 

Be it enacted by the Legislature of Alabama: 

1. That on and after October 1, 1915, no person shall 

be employed as a teacher in any public school in the 

State who is not at least seventeen years of age, and 

after December 1, 1915, if the attendance in any school 



PUBLIC SCHOOL LAWS OF ALABAMA 161 

shall fall below ten, then the county board of education 
is authorized to make the best arrangements it can for 
the education of those children. 
Approved February 20, 1915. 



EDUCATION ARTICLE OF THE CONSTITUTION. 
ARTICLE XIV. 

EDUCATION. 

256. The Legislature shall establish, organize and 
maintain a liberal system of public schools throughout 
the State for the benefit of the children thereof between 
the ages of seven and twenty-one years. The public school 
fund shall be apportioned to the several counties in pro- 
portion to the number of school children of school age 
therein, and shall be so apportioned to the schools in the 
districts or townships in the county as to provide, as 
nearly as practicable, school terms of equal duration in 
such school districts or townships. Separate schools 
shall be provided for white and colored children, and no 
child of either race shall be permitted to attend a school 
of the other race. 

257. The principal of all funds arising from the sale 
or other disposition of lands or other property, which 
has been or may hereafter be granted or entrusted to this 
State or given by the United States for educational pur- 
poses shall be preserved inviolate and undiminished and 
the income arising therefrom shall be faithfully applied 
to the specific object of the original grants or appropria- 
tions. 

258. All lands or other property given by individuals, 
or appropriated by the State for educational purposes, 
and all estates of deceased persons who die without leav- 
ing a will or heir shall be faithfully applied to the main- 
tenance of the public schools. 

259. All poll taxes collected in this State shall be ap- 
plied to the support of the public schools in the respective 
counties where collected. 

6SC 



162 PUBLIC SCHOOL LAWS OF ALABAMA 

260. The income arising from the sixteenth section 
trust fund, the surplus revenue fund, until it is called 
for by the United States government, and the funds 
enumerated in sections 257 and 258 of this Constitution, 
together with a special annual tax of thirty cents on 
each one hundred dollars of taxable property in this State, 
which the Legislature shall levy, shall be applied to the 
support and maintenance of the public schools, and it 
shall be the duty of the Legislature to increase the public 
school fund from, time to time, as the necessity therefor 
and the condition of the treasury and the resources of the 
State may justify; provided, that nothing herein con- 
tained shall be so construed as to authorize the Legisla- 
ture to levy in any one year a greater rate of State taxa- 
tion for all purposes, including schools, than sixty-five 
cents on each one hundred dollars worth of taxable 
property ; and provided further, that nothing herein con- 
tained shall prevent the Legislature from first providing 
for the payment of the bonded indebtedness of the State 
and interest thereon out of all the revenues of the State. 

261. Not more than four per cent, on all moneys raised, 
or which may hereafter be appropriated for the support 
of public schools, shall be used or expended otherwise 
than for the payment of teachers employed in such 
schools ; provided, that the Legislature may, by a vote of 
two-thirds of each house, suspend the operation of this 
section. 

262. The supervision of the public schools shall be 
vested in a superintendent of education, whose powers, 
duties and compensation shall be fixed by law. 

263. No money raised for the support of the public 
schools shall be appropriated to or used for the support 
of any sectarian or denominational school. 

264. The State University shall be under the manage- 
ment and control of a board of trustees which shall con- 
sist of two members from the congressional district in 
which the University is located, one from each of the 
other congressional districts in the State, the superin- 
tendent of education and the governor who shall be ex- 
officio president of the board. The members of the board 
of trustees as now constituted shall hold office until their 



PUBLIC SCHOOL LAWS OF ALABAMA 163 

respective terms expire under existing law, and until 
their successors shall be elected and confirmed as here- 
inafter required. Successors to these trustees whose 
terms expire in nineteen hundred and two shall hold office 
until nineteen hundred and seven; successors to those 
trustees whose terms expire in nineteen hundred and four 
shall hold office until nineteen hundred and eleven; suc- 
cessors to those trustees whose terms expire in nineteen 
hundred and six shall hold office until nineteen hundred 
and fifteen; and thereafter their successors shall hold 
office for a term of twelve years. When the term of any 
member of such board shall expire, the remaining mem- 
bers of the board shall by secret ballot elect his successor ; 
provided, that any trustee so elected shall hold office from 
the date of his election, until his confirmation or rejec- 
tion by the Senate, and, if confirmed, until the expiration 
of the term for which he was elected, and until his suc- 
cessor is elected. At every meeting of the Legislature the 
superintendent of education shall certify to the Senate 
the names of all who have been so elected since the last 
session of the Legislature, and the Senate shall confirm 
or reject them, as it shall determine is for the best inter- 
est of the University. If it rejects the names of any 
members, it shall thereupon elect trustees in the stead of 
those rejected. In case of a vacancy on said board by 
death or resignation of a member, or from any cause 
other than the expiration of his term of office, the board 
shall elect his successor who shall hold office until the 
next session of the Legislature. No trustee shall receive 
any pay or emolument other than his actual expenses 
incurred in the discharge of his duties as such. 

265. After the ratification of this Constitution there 
shall be paid out of the treasury of this State, at the time 
and in the manner provided by law, the sum of not less 
than thirty-six thousand dollars per annum as interest 
on the funds of the University of Alabama, heretofore 
covered into the treasury, for the maintenance and sup- 
port of said institution; provided, that the Legislature 
shall have the power at any time they deem proper for the 
best interest of said University to abolish the military 
system at said institution, or reduce the. said system to 



164 PUBLIC SCHOOL LAWS OF ALABAMA 

a department of instruction, and that such action on the 
part of the Legislature shall not cause any diminution 
of the amount of the annual interest payable out of the 
treasury for the support and maintenance of said Uni- 
versity. 

266. The Alabama Polytechnic Institute, formerly 
called the Agricultural and Mechanical College, shall be 
under the management and control of a board of trustees 
which shall consist of two members from the congres- 
sional district in which the institute is located, and one 
from each of the other congressional districts in the 
State, the State superintendent of education, and the 
governor, who shall be ex-officio president of the board. 
The trustees shall be appointed by the governor, by and 
with the advice and consent of the Senate, and shall hold 
office for a term of twelve years, and until their succes- 
sors shall be appointed and qualified. The board shall 
be divided into three classes, as nearly equal as may be, 
so that one-third may be chosen quadrennially. Vacancies 
occurring in the office of trustees from death or resigna- 
tion, and the vacancies regularly occurring in the year 
nineteen hundred and five, shall be filled by the governor, 
and such appointee shall hold office until the next meeting 
of the Legislature. Successors to- those trustees whose 
terms expire in nineteen hundred and three shall hold 
office until nineteen hundred and eleven; successors to 
those whose terms of office expire in nineteen hundred and 
five shall hold office until nineteen hundred and fifteen; 
and successors to those whose terms of office expire in 
nineteen hundred and seven shall hold office until nineteen 
hundred and nineteen. No trustee shall receive any pay 
or emolument other than his actual expenses incurred in 
the discharge of his duties as such. 

267. The Legislature shall not have power to change 
the location of the State University, or the Alabama 
Polytechnic Institute, or the Alabama School for the 
Deaf and Blind, or the Alabama Girls' Industrial School, 
as now established by law, except upon a vote of two- 
thirds of the Legislature taken by yeas and nays and en- 
tered upon the journals. 



PUBLIC SCHOOL LAWS OF ALABAMA 165 

268. The Legislature shall provide for taking a school 
census by townships and districts throughout the State 
not oftener than once in two years, and shall provide for 
the punishment of all persons or officers making false 
or fraudulent enumerations and returns; provided, the 
State superintendent of education may order and super- 
vise the taking of a new census in any township, district 
or county, whenever he may have reasonable cause to 
believe that false or fraudulent returns have been made. 

269. The several counties in this State shall have power 
to levy and collect a special tax not exceeding ten cents on 
each one hundred dollars of taxable property in such 
counties, for the support of public schools; provided, 
that the rate of such tax, the time it is to continue, and 
the purpose thereof, shall have been first submitted to a 
vote of the qualified electors of the county, and voted for 
by three-fifths of those voting at such election; but the 
rate of such special tax shall not increase the rate of 
taxation, State and county combined, in any one year, to 
more than one dollar and twenty-five cents on each one 
hundred dollars of taxable property ; excluding, however, 
all special county taxes for public buildings, roads, bridges 
and the payment of debts existing at the ratification of the 
Constitution of eighteen hundred and seventy-five. The 
funds arising from such special school tax shall be so 
apportioned and paid through the proper school officials 
to the several schools in the townships and districts in the 
county that the school terms of the respective schools 
shall be extended by such supplement as nearly the same 
length of time as practicable; provided, that this section 
shall not apply to the cities of Decatur, New Decatur and 
Cullman. 

270. The provisions of this article and of any act of 
the Legislature passed in pursuance thereof to establish, 
organize and maintain a system of public schools through- 
out the State, shall apply to Mobile county only so far as 
to authorize and require the authorities designated by 
law to draw the portions of the funds to which said county 
shall be entitled for school purposes and to make reports 
to the superintendent of education as may be prescribed 
by law; and all special incomes and powers of taxation 



166 PUBLIC SCHOOL LAWS OF ALABAMA 

as now authorized by law for the benefit of public schools 
in said county shall remain undisturbed until otherwise 
provided by the Legislature; provided, that separate 
schools for each race shall always be maintained by said 
school authorities. 



No. 21.) AN ACT (S. 130. 

To submit to the qualified electors of the State at the 
general election to be held in November, 1916, for their 
consideration an amendment to the Constitution for the 
purpose of authorizing the several counties of the State 
and the several districts of any county to levy and col- 
lect a special tax, not exceeding thirty cents on each one 
hundred dollars worth of taxable property in such coun- 
ties and in the several districts of any county, under such 
regulations as the Legislature may have prescribed or 
may hereafter prescribe. 

Be it enacted by the Legislature of Alabama: 
1. That the following amendment to the Constitution 
of Alabama is proposed to be submitted to the qualified 
electors of the State for their ratification or rejection, at 
the general election to be held in November, 1916, to-wit: 
Article XIX, Section 1. The several counties in the State 
shall have power to levy and collect a special county tax 
not exceeding thirty cents on each one hundred dollars 
worth of taxable property in such counties in addition 
to that now authorized or that may hereafter be author- 
ized, for public school purposes, and in addition to that 
now authorized under section 260 of article XIV of the 
Constitution ; provided, that the rate of such tax, the time 
it is to continue and the purpose thereof shall have been 
first submitted to the vote of the qualified electors of the 
county, and voted for by a majority of those voting at 
such election. Section 2. The several school districts of 
any county in the State shall have power to levy and col- 
lect a special district tax not exceeding chirty cents on 
each one hundred dollars worth of taxable property in 



*This amendment ratified November, 1916. 



PUBLIC SCHOOL LAWS OF ALABAMA 167 

such district for public school purposes ; provided, that a 
school district under the meaning of this section shall 
include incorporated cities or towns, or any school district 
of which an incorporated city or town is a part, or such 
other school districts now existing or hereafter formed, 
as may be approved by the county board of education; 
provided further, that the rate of such tax, the time it is 
to continue and the purpose thereof shall have been first 
submitted to the vote of the qualified electors of the dis- 
trict and voted for by a majority of those voting at such 
election; provided further, that no district tax shall be 
voted or collected except in such counties as are levying 
and collecting not less than a three-mill special county 
school tax. Section 3. The funds arising from the special 
county school tax levied and collected by any county shall 
be apportioned and expended as the law may direct; and 
the funds arising from the special school tax levied in 
any district which votes the same independently of the 
county shall be expended for the exclusive benefit of 
the district, as the law may direct. 



No. 92.) (H. 200— Dickson. 

AN ACT 

To provide for the acceptance of the benefits of an act 
passed by the Senate and House of Representatives of 
the United States of America, in Congress assembled, to 
provide for the promotion of vocational education, to pro- 
vide for the appointment of a State board of vocational 
education, and to provide for the duties thereof; and to 
make appropriations for vocational education. 

Be it enacted by the Legislature of Alabama: 
1. That the State of Alabama hereby accepts all of the 
provisions and benefits of an act passed by the Senate 
and House of Representatives of the United States of 
America, in Congress assembled, entitled "An act to pro- 
vide for the promotion of vocational education ; to provide 
for co-operation with the states in the promotion of voca- 
tional education; to provide for co-operation with the 



1GS PUBLIC SCHOOL LAWS OF ALABAMA 

states in the promotion of such education in agriculture 
and the trades and industries ; to provide for co-operation 
with the states in the preparation of teachers of voca- 
tional subjects; and to appropriate money and regulate 
its expenditure," approved February twenty-third, nine- 
teen hundred seventeen. 

2. That the State treasurer is hereby designated and 
appointed custodian of all moneys received by the State 
from the appropriations made by said act of Congress, 
and he is authorized to receive, and to provide for the 
proper custody of the same and to make disbursement 
thereof in the manner provided in the act and for the 
purpose therein specified. He shall also pay out any 
moneys appropriated by the State of Alabama for the 
purpose of carrying out the provisions of this act upon 
the order of the State board of vocational education. 

3. That inasmuch as a bill is now pending in the Legis- 
lature authorizing the creation of a commission to study 
the public school system of the State and report its find- 
ings and recommendations to the Legislature, the State 
board for vocational education as now constituted shall 
be continued until the report of said commission, if 
created, shall have been submitted and action taken, pro- 
vided that in the event no action shall be taken by the 
Legislature of 1919 before final adjournment that there 
is hereby created a State board for vocational education 
to consist of five members to be appointed by the governor 
from the State-at-large. The term of office of the mem- 
bers of the State board for vocational education shall be 
five years except that in making first appointments the 
governor shall designate one member whose term of 
office shall expire September thirtieth, nineteen hundred 
twenty; one member whose term of office shall expire 
September thirtieth, nineteen hundred twenty-one; one 
member whose term of office shall expire September thir- 
tieth, nineteen hundred twenty-two; one member whose 
term of office shall expire September thirtieth, nineteen 
hundred twenty-three, and one member whose term of 
office shall expire September thirtieth, nineteen hundred 
twenty-four. Vacancies occurring from death or resig- 
nation shall be filled by the governor for the unexpired 



PUBLIC SCHOOL LAWS OF ALABAMA 169 

terms. The members of the State board for vocational 
education shall serve without compensation, provided 
that they shall receive actual expenses incurred in the 
discharge of their duties. 

4. That the State superintendent of education shall 
serve as executive officer of the State board for voca- 
tional education and shall designate, by and with the 
advice and consent of the State board for vocational edu- 
cation, such assistants as may be necessary to properly 
carry out the provisions of this act. The State superin- 
tendent of education shall also carry into effect such rules 
and regulations as the State board for vocational educa- 
tion may adopt and shall prepare such reports concerning 
the condition of vocational education in the State as the 
State board for vocational education may require. The 
State superintendent of education shall maintain an office 
for the board in the capitol of the State and shall keep all 
the records of the board in that office. 

5. That the State board for vocational education shall 
have all necessary authority to co-operate with the Fed- 
eral board for vocational education in the administration 
of said act of Congress; to administer any legislation 
pursuant thereto enacted by the State of Alabama, and 
to administer the funds provided by the Federal govern- 
ment and the State of Alabama under the provisions of 
this act, for the promotion of vocational education in 
agricultural subjects, trade and industrial subjects, and 
home economics subjects. It shall have full authority to 
formulate plans for the promotion of vocational education 
in such subjects as an essential and integral part of the 
public school system of education in the State of Alabama, 
and to provide for the preparation of teachers of such 
subjects. It shall have authority to fix the compensation 
of such officials and assistants as may be necessary to 
administer the Federal act and this act for the State of 
Alabama and to pay such compensation and other neces- 
sary expenses of administration from funds appropriated 
in this act. It shall have authority to make studies and 
investigations relating to vocational education in such 
subjects ; to promote and aid in the establishment by local 
communities of schools, departments, or classes giving 



170 PUBLIC SCHOOL LAWS OF ALABAMA 

training in such subjects; to co-operate with local com- 
munities in the maintenance of such schools, departments, 
or classes; to prescribe qualifications for the teachers, 
directors and supervisors of such subjects, and to have 
full authority to provide for the certification of such teach- 
ers, directors and supervisors ; to co-operate in the main- 
tenance of classes supported and controlled by the public 
for the preparation of teachers, directors and supervisors 
of such subjects or to maintain such classes under its 
own direction and control; to establish and determine by 
general regulations the qualifications to be possessed 
by persons engaged in the training of vocational teachers. 

6. That the State board for vocational education shall 
hold at least five stated meetings per year as follows : On 
the first Tuesday of the months of October, December, 
February, April and July, and at such other times as 
may be designated by the executive officer of the board or 
upon the request in writing of a majority of the members 
of the board. The stated meetings of the board shall be 
held in the office of the State superintendent of educa- 
tion. At the first stated meeting in October of each year, 
the Board shall elect one of its members to serve as 
chairman. 

7. That the board of education of any county or of 
any incorporated town of 2,000 inhabitants or more may 
co-operate with the State board for vocational education 
in the establishment of vocational schools or classes giving 
instruction in agricultural subjects, in trade or indus- 
trial subjects or in home economics subjects and may use 
any moneys raised by public taxation in the same manner 
as moneys for other school purposes are used for the 
maintenance and support of public schools. 

8. That the State of Alabama shall appropriate a sum 
of money available for each fiscal year not less than the 
maximum sum which may be allotted to the State of Ala- 
bama for the purpose set forth in the said Federal act and 
that there is hereby appropriated out of any moneys in 
the treasury not otherwise appropriated for the fiscal 
year ending September 30, 1919, the sum of twenty-five 
thousand dollars, this sum being approximately the pro- 
portionate part of the funds accruing to the State from 



PUBLIC SCHOOL LAWS OF ALABAMA 171 

the time of the passage of this act until the end of the 
present fiscal year; for the year ending September 30, 
1920, the sum of sixty-six thousand dollars; this sum 
being the estimated amount required to match Federal 
funds for said year. 

9. That the moneys appropriated by section eight of 
this act shall be used by the State board for vocational 
education for the promotion of vocational education as 
provided for in the Federal act and for the purposes set 
forth in this act. 

10. That the State board for vocational education shall 
make a report annually to the governor setting forth 
the condition of vocational education in the State of Ala- 
bama, a list of the schools to which Federal and State aid 
has been given, and a detailed statement of the expendi- 
tures of Federal funds and the State funds provided in 
section eight of this act. 

11. That all laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

12. That this act shall take effect upon its passage and 
approval by the governor. 

Approved February 15, 1919. 



No. 21.) AN ACT (S. 89. 

To provide for the appointment of a commission to 
make a study of the public school system of Alabama and 
to make an appropriation therefor. 

Be it enacted by the Legislature of Alabama: 

1. That the governor shall appoint a commission of five 
persons, all of whom shall serve without compensation, 
to make a study of the public educational system of Ala- 
bama, including all schools and educational institutions 
supported in whole or in part from public funds, to de- 
termine the efficiency of the same and to report its find- 
ings with recommendations for increased efficiency, and 
economy to the governor on or before July 1, 1919. 

2. That the said commission is empowered to employ 
assistance in the several fields of public education in 



172 PUBLIC SCHOOL LAWS OF ALABAMA 

which the State is engaged and shall supply such clerical 
help and equipment as shall be necessary. 

3. That the said commission and its employees shall 
have free access to all public records. All public school 
and educational institutions, teachers, instructors, facul- 
ties, officers and employees shall furnish all information 
and assistance in their power in making such a study as 
is contemplated under this act. The members of said 
commission and their assistants shall have power to re- 
quire the production of papers and records and are hereby 
empowered to administer oaths. In case any person sum- 
moned by any member of such commission or any assist- 
ants of such commission shall fail or refuse to obey such 
process or to testify before such commission or any as- 
sistants of such commission, the said commission or any 
assistants of such commission may apply to any court of 
record of this State to compel obedience and to give testi- 
mony, and the said courts are hereby empowered to en- 
force obedience to such process. 

4. That said commission shall, in addition to other 
work specified by this act, direct special attention to the 
feasibility and advisability of consolidating any of the 
existing State educational institutions or departments 
thereof, of eliminating any institution or institutions, and 
of co-ordinating and unifying the work of any or all insti- 
tutions under one board of management and control. 

5. That there is hereby appropriated out of any money 
in the treasury not otherwise appropriated the sum of 
$10,000, or so much thereof as may be necessary for the 
purpose of defraying the cost of the study herein author- 
ized, including the personal and traveling expenses of the 
members of said commission, the salary and expenses of 
the necessary help and of such other expenses as in the 
opinion of said commission are necessary for the thorough 
study of school conditions in Alabama, provided that for 
the fiscal year beginning October 1, 1919, and for that 
year only, the legislative appropriation for the public 
schools as provided by statute shall be reduced in an 
amount equal to the amount actually expended of the 
above appropriation of $10,000 as shown by the books in 
the office of the State auditor ; provided further, that the 



PUBLIC SCHOOL LAWS OF ALABAMA 173 

said fund shall be paid out upon warrants of the State 
auditor, issued upon requisitions of the State superin- 
tendent of education and having attached thereto item- 
ized statements of said expenditures. 
Approved February 6, 1919. . 



INDEX 



Section. Page. 

158 



AGENT, LAND - 

AGRICULTURAL SCHOOLS (Note) • ? 3 

ALABAMA EDUCATION COMMISSION 171-173 

ALABAMA GIRLS TECHNICAL INSTITUTE 1912-32 102-108 

Constitution 267 

ALABAMA ILLITERACY COMMISSION 159-160 

ALABAMA INDUSTRIAL SCHOOL (for boys) 1954-70 115-120 

ALABAMA INSTITUTE FOR DEAF AND BLIND 

(white and colored) 1933-53 108-115 

ALABAMA POLYTECHNIC INSTITUTE 1899-1911 98-101 

Constitution 266 " 7 

ALABAMA, UNIVERSITY OF 1869-89 89-97 

Testing laboratory for cement 1893 

Summer school 1894-8 

Constitution 264-5, 267 

AMENDMENT TO CONSTITUTION PROVIDING 

FOR LOCAL TAX - - 166-167 

APPORTIONMENT OF SCHOOL FUND, DIS- 
BURSEMENT ■ 1760-80 46-51 

State auditor certifies amount of educational 
fund; Superintendent of education appor- 
tions _ 1760 

Contingent expenses and amount for normal 

schools set apart; residue apportioned 1761 

Amount apportioned certified to auditor; no 
warrants drawn in excess; balance unap- 
portioned certified to treasurer..... 1762 



176 INDEX. 

Section. Page. 

Superintendent must certify and report 
amount of school fund apportioned to the 
several counties to the county superin- 
tendent „„ 1763 

Interest on trust funds first set apart; effect of 

apportionment 1764 

Apportionment to districts 1765 

Report of apportionment by county board 1766 

County board to keep record of apportionment..! 767 
Apportionment recorded and certified; con- 
tracts invalid 1768 

Poll tax received by each county 1769 

Apportioned and certified to auditor. 1770 

Apportionment and expenditure of local school 

money 1776 

Apportionment of income from trust fund 

when township divided 1777 

Fund once apportioned, not used otherwise 

until reapportioned 1778 

Income new districts are entitled to 1779 

Contingent fund for department of education..! 780 

APPROPRIATIONS FOR PUBLIC SCHOOL 

FUNDS, WHEN ACCRUE 1678 3-4 

Placed to credit of educational fund 1679 4-5 

BLIND, ALABAMA INSTITUTE FOR DEAF AND 

(white and colored) ..1933-53 108-115 

BOARDS OF EDUCATION, AUTHORIZING WOM- 
EN TO SERVE ON ...... 15 

BOARDS OF EDUCATION, COUNTY 10-14 

BOARDS AND OFFICERS OF PUBLIC SCHOOLS...1680 5 

BONUS, SPECIAL APPROPRIATION 61-62 

BOOK COMMISSION, TEXT, MEMBERS, AP- 
POINTMENT 1805-50 74-86 

(See Textbook Commission, etc.) 

BOYS, ALABAMA INDUSTRIAL SCHOOL 

FOR 1954-70 115-120 



INDEX. 177 

Section. Page. 

CENSUS OR ENUMERATION OF SCHOOL CHIL- 
DREN 1717-8 23-25 

(See Enumeration or census of school children.) 

CHILD LABOR LAW 134-143 

Act providing for schools 132 

CHILDREN AND PUPILS ELIGIBLE TO PUBLIC 

SCHOOLS _ 1755-7 38 

Pupils entitled to instruction 1755 

Non-residents entitled to school privileges 1756 

Separate schools for the two races 1757 

CITY AND TOWN SCHOOLS UNDER MUNICI- 
PAL GOVERNMENT 1348-58 128-134 

(See Municipal Government, etc.) 

COMMISSION, ALABAMA ILLITERACY 159-160 

COMMISSION, TEXTBOOK, MEMBERS, AP- 
POINTMENT 1805-50 74-86 

(See Textbook Commission, etc.) 

COMPULSORY SCHOOL ATTENDANCE ACT 38-45 

CONSTITUTION, EDUCATION ARTICLE OF 256-270 161-166 

Census, Legislature to provide for school 268 

Children, school age of _ 256 

Funds for schools, how apportioned 256 

Funds for schools, principal to be kept invio- 
late 257 

Funds for school, interest, how applied 257 

Funds for schools, sources of (State) 260 

Lands given schools, how applied 258 

Location of certain institutions not to be 

changed, exception 267 

Mobile county, how affected by Constitution 270 

Moneys, all applied to pay of teachers except 

four per cent 261 

Poll taxes to be applied to school support 259 

Polytechnic Institute, control and management 266 
Sectarian or denominational schools excluded 

from public funds 263 



178 INDEX. 

Section. Page, 

Taxation for schools, special by counties 269 

Taxation for schools by State, rate of 260 

University of Alabama, control and manage- 
ment of _ 264 

University of Alabama, financial support of 265 

Local School Tax Amendment 166-167 

COUNTY BOARDS OF EDUCATION, ELECTION 

POWERS, DUTIES, ACT 129 10-14 

COUNTY HIGH SCHOOLS 1861-7 86-87 

(See High Schools for counties.) 

COUNTY SUPERINTENDENT OF EDUCATION 1702-9 20-22 

One elected for each county 1702 

Term of office; removal _ 1703 

Oath of office and bond 1704 

Approval and record of bond 1705 

New or additional bond 1706 

Duties 1707 

Failure to make annual reports _ 1708 

Books and accounts liable to examination 1709 

Vacancies, how filled; term, etc., of appointees...l710 

Compensation 1711 

And an act further prescribing the powers and 

duties and fixing the compensation 

Proceedings for and against (Civil Code) 5940-5 

COUNTY TREASURER OF PUBLIC SCHOOL 

FUNDS, Act creating 17 

CRIMINAL PROVISIONS OF PUBLIC SCHOOL 

LAW .'. _ 35-37 

Injuring or defacing public or private property 6413 
Disturbing people met for school purposes or 

holiday 6769 

Embezzlement by using school money for 

other than school purposes 6834 

Shooting, throwing, etc., into dwelling and 

other houses 6897 

Stealing examination questions, penalty 7750 

Use of other than contract books in public 

schools 7751 



INDEX. 179 

Section. Page. 

Charging more than contract prices for school 

books 7752 

Textbook provisions, violation, penalty 7753 

Schoolhouse warrants or proceeds; wrongful 

application of; penalty 7754 

False or fraudulent enumeration, penalty 7755 

DEAF AND BLIND, ALABAMA INSTITUTE FOR 

(white and colored) 1933-53 108-115 

Constitution 267 

DISPOSITION OF PROPERTY OF EDUCATION- 
AL CORPORATIONS 151-153 

DISTRICT AGRICULTURAL SCHOOLS (Note) 73 

EDUCATION ARTICLE OF CONSTITUTION 256-270 161-166 

(See Constitution, Education article of.) 

EDUCATION, AUTHORIZING WOMEN TO 

SERVE ON BOARDS OF 15 

EDUCATION, COUNTY BOARD OF 1712-6 10-14 

(See County Board of Education.) 

EDUCATION, COUNTY SUPERINTENDENT 

OF 1704-11 19-22 

(See County Superintendent of Education.) 

EDUCATION, STATE SUPERINTENDENT OF 1681-8 20-22 

(See Superintendent of Education.) 

ENUMERATION OR CENSUS OF SCHOOL CHIL- 
DREN 1717-8 23-25 

Census or enumeration 1717 

Compensation of enumerators 1717 

False or fraudulent enumeration 7755 

EXAMINATIONS IN PUBLIC SCHOOLS 1758 46 

EXAMINATION OF TEACHERS _ 1719-50 25-34 

(See Teachers, qualifications, license, etc.) 



180 INDEX. 

Section. Page. 

FUND, APPORTIONMENT OF SCHOOL, DIS- 
BURSEMENT 1760-80 46-51 

(See Apportionment of school fund, etc.) 

FUNDS, COUNTY TREASURER OF PUBLIC 

SCHOOL, Act creating 17 

FUNDS, PUBLIC SCHOOL '. 1678 3-4 

GIRLS TECHNICAL INSTITUTE, ALABAMA 1912-32 102-108 

Constitution 267 

HIGH SCHOOLS FOR COUNTIES 1861-7 86-87 

Commission to locate and establish 1861 

Sites procured, donations paid quarterly 1862 

Controlled by High School Commission and 

county board of education 1863 

Free school and office of trustee not abol- 
ished ! _ 1864 

Qualifications and eligibility of teachers and 

students 1865 

Course of study 1866 

Matriculation fee _ 1867 

And an act authorizing cities and towns to 

convey real and personal property to 89 

And an act authorizing boards of revenue, etc., 

to appropriate funds 87 

ILLITERACY COMMISSION, ALABAMA 159-160 

INDUSTRIAL SCHOOL FOR BOYS, ALABAMA...1954-70 115-120 

INCORPORATED CITIES SEPARATE DIS- 
TRICTS 1693 16 

INSTITUTE, ALABAMA GIRLS TECHNICAL 1912-32 102-108 

Constitution 267 

INSTITUTE, ALABAMA POLYTECHNIC 1899-1911 98-101 

Constitution 266-7 

INSTITUTE FOR DEAF AND BLIND, ALABAMA 

(white and colored) 1933-53 108-115 

Constitution 267 



INDEX. 181 

Section. Page. 

INSTITUTES, TEACHERS' 149^151 

INTEMPERANCE, PROVIDING FOR INSTRUC- 
TION ON THE EVILS OF 144-145 

LABOR LAW, CHILD 134-143 

Act providing for schools 

LAND AGENT _ 158 

LANDS, SCHOOL, LEASE AND SALE 1781-1804 62-69 

(See school lands, lease and sale.) 

Sale of rural schoolhouse lands 69 

LIBRARIES, Act providing- for rural 146-149 

LOCAL TAX, AMENDMENT TO CONSTITUTION 166-169 

MINES AND MINING, PREPARATORY SCHOOL 

FOR - _ 1971-4 120-121 

MOBILE COUNTY, PROVIDING FOR SPECIAL 

TAX LEVY 144 

MUNICIPAL GOVERNMENT, CITY AND TOWN 

SCHOOLS UNDER 1348-58 128-134 

Schools, regulation of 1348 

Board of education _ 1349 

Election of officers of board of education 1350 

School property 1351 

Appropriation 1352 

Control _ 1353 

Superintendent of schools 1354 

Board of education of towns having over one 
thousand and less than six thousand in- 
habitants 1355 

School districts 1356 

Libraries _ 1358 

Municipalities exempt from school law 1357 

MUNICIPAL CODE, Sec. 1355 amended 14 

NORMAL SCHOOLS (Note) - 70 

Act creating board of trustees for normal 

schools 71-73 



182 INDEX. 

Section. Page. 

NORTHEAST ALABAMA AGRICULTURAL AND 
INDUSTRIAL INSTITUTE, LINE- 
VILLE : 153-155 

OFFICERS AND BOARD OF PUBLIC SCHOOLS 1680 5 

PERIODS, SCHOLASTIC 1759 46 

POLYTECHNIC INSTITUTE, ALABAMA 1899-7911 98-101 

Constitution 266-7 

PROCEEDINGS FOR AND AGAINST COUNTY 
SUPERINTENDENTS OF EDUCA- 
TION 5940-5 127-128 

Against county superintendent for balance in 

his hands 5940 

Authority to employ counsel 5941 

Notice 1 5942 

Transcript of superintendent of education evi- 
dence „.. _ 5943 

Time and manner of trial 5944 

In favor of teachers for money due them; 
court and notice; appeal from justice's 
court 5945 

PROPERTY OF EDUCATIONAL CORPORATIONS, 

DISPOSITION OF :.. 151-153 

PUBLIC SCHOOL FUND 1678 3-4 

When appropriations accrue; placed to credit 

of educational fund 1679 

PUBLIC SCHOOL FUND, APPORTIONMENT 1760-80 46-51 

(See Apportionment school funds, etc.) 

PUBLIC SCHOOLS, CHILDREN AND PUPILS 

ELIGIBLE TO 1755-7 38 

PUBLIC SCHOOLS, EXAMINATION IN 1758 46 

PUBLIC SCHOOLS, OFFICERS AND BOARDS 

OF _ 1680 5 

PUBLIC SCHOOL, SPECIAL TAX FOR 1851-60 52-61 

(See Tax for public schools, special, etc.) 



INDEX. 183 

.Section. Page. 

REDISTRICTING ACT NOT APPLICABLE TO 

CERTAIN CITIES 16 

REFORM SCHOOL FOR JUVENILE NEGRO LAW- 
BREAKERS, MT. MEIGS 155-158 

REFORM SCHOOL FOR WHITE BOYS (See Ala- 
bama Industrial School) 1954-70 115-120 

SALE AND LEASE OF SCHOOL LANDS 1781-1804 62-69 

(See School lands, lease and sale.) 

SALE OF RURAL SCHOOLHOUSE LAND 69 

SCHOLASTIC PERIODS 1759 46 

SCHOOL CHILDREN, CENSUS OR ENUMERA- 
TION 1717-8 23-25 

(See enumeration or census of school children.) 

SCHOOLS, COUNTY HIGH 1861-7 86-87 

(See High schools for counties.) 

SCHOOL DISTRICTS NOT AFFECTED BY COUN- 
TY LINES _ 1694 16 

SCHOOL FOR MINES AND MINING, PREPARA- 
TORY 1971-4 120-121 

SCHOOL FUND, PUBLIC 1678 3-4 

When appropriations accrue, placed to credit 

of educational fund 1679 

SCHOOL LANDS, LEASE AND SALE 1781-1804 62-69 

What are school lands and in whom vested 1781 

Sale of school and indemnity lands author- 
ized 1782 

Consent of inhabitants to sale of land 1783 

Resale of land _ 1784 

Proceeds of sale, how disposed of 1785 

Notes taken, placed with attorney general 1786 

Manner and terms of sale 1787 

Timber lots reserved _ 1788 

Timber lots, how used _ 1789 

Penalties for injuries to timber .' 1790 



184 INDEX. 

Section. Page. 

Fines paid into treasury for school fund 1791 

Certificate of purchase _ 1792 

Effect of certificate of purchase 1793 

Revesting of title; clerk to certify, penalty, 

costs 1794 

Fines to go to school fund 1795 

Patents 1796 

Issue of patent; correction of mistake 1797 

Issue of patents in other cases 1798 

Collection of past due notes 1799 

Agents for collection of notes 1800 

Township credited with collection on notes .....1801 

Proceeds covered into treasury; State pledged 

for payment of interest _ 1802 

Lease of school and indemnity lands 1803 

Board of compromise 1804 

SCHOOLS, OFFICERS AND BOARDS OF PUB- 
LIC _ 1680 5 

SCHOOLS IN MANUFACTURING DISTRICTS 145-146 

SCHOOLHOUSE, Act amending Article 31, Chapter 

41, Code 1907 122-127 

SPECIAL TAX FOR PUBLIC SCHOOL, 1 MILL...1851-60 58-61 
(See Tax for public schools, special.) 

SUPERINTENDENT OF EDUCATION, STATE 1681-8 5-10 

Term of office, salary.. 1681 

Oath of office, bond 1682 

Office and books, papers and records 1683 

Clerks and their salaries 1684 

Duties 1685 

Report to governor, contents _ 1686 

Report to be printed and distributed 1687 

Vacancy filled by governor; term, etc., of ap- 
pointee - 1688 

TAX, AN ACT TO AUTHORIZE 3 MILL COUNTY 

AND DISTRICT 52-58 



INDEX. 185 

Section. Page. 

TAX AMENDMENT TO CONSTITUTION, LOCAL... 166-167 

TAX FOR PUBLIC SCHOOLS, ELECTION FOR 

SPECIAL, 1 MILL 1851-60 51-61 

Petition for call for election 1851 

Notice and publication 1852 

Managers and officers of election 1853 

Qualified electors, etc 1854 

Ballot, form and manner of voting 1855 

Special tax levied and assessed 1856 

Time tax continues 1857 

How collected and disbursed 1858 

Time of election and costs 1859 

Compensation of tax collector, assessor, and 

county superintendent ■.■ I860 

Instruction for disbursing (Note) 18 

TEACHERS' INSTITUTES 149-151 

TEACHERS' QUALIFICATIONS, LICENSE, POW- 
ERS, DUTIES 1719-50 25-34 

Board of examiners ' 1719 

List of questions prepared 1721 

Stealing examination questions; penalty 7750 

Times for examinations for teachers 1722 

Examination in counties, by whom and how 

conducted 17 24 

Examination fees 1725 

Compensation of Board of Examiners 1726 

Compensation of county examiners 1727 

Teachers shall not receive assistance 1728 

Statement signed by teachers 1729 

Applicant must be of good moral character 1730 

Habitual use of intoxicants or profane lan- 

guage x ' °- L 

Grades of certificates ■■ - 1732 

Percentage and certificate required 1733 

Branches of learning examined upon 1734 

Examination shall be written, kind of paper 

and ink to be used 1735 



186 INDEX. 

Section. Page. 

Examination papers delivered to examiner, 

transmission to board 1736 

Board examines and grades papers 1737 

Certificates issued 1738 

Examination papers kept on file six months... 1739 

Lifetime of certificates 1740 

Life certificates 1741 

Revoking certificate 1743 

Register of licensed teachers 1744 

Separate districts . 1745 

Instruction as to the nature of alcoholic drinks 

and narcotics 1746 

Teaching agriculture in public schools 1747 

Register kept by teacher and submitted.- 1748 

Monthly report; not entitled to compensation 

till forwarded 1749 

To be paid monthly 1750 

And an act authorizing the issuance of certifi- 
cates to graduates of certain institutions 
of higher learning and the extension of 

certificates held __ 32-33 

Emergency certificates valid until July, 1919 _ 34 

TEACHERS UNDER SEVENTEEN YEARS OF 

AGE NOT ELIGIBLE TO EMPLOYMENT 160 

TECHNICAL INSTITUTE, ALABAMA GIRLS 1912-32 102-108 

C onstitution 267 

TEXTBOOK COMMISSION, MEMBERS, APPOINT- 
MENT 1805-50 74-86 

How constituted 1805 

Oath of commissioners 1806 

Organization 1807 

Duties 1808 

Unlawful to use other books than those se- 
lected 1809 

Branches of study— 1810 

Partisan or sectarian books forbidden 1811 

Books may be dropped 1812 



DTD EX. -•" 



=*:-■:: :it? 



Quality and merit to control in selection 1813 

Desirable books when price too Mgfa 1814 

Advertisement for bids 1815 

Bids, specifications, requisites and contents of 1 8 16 
Z-~z-zsi-s --'- =e:uri— f:r peri: ma- :s :_ ::i= 151" 

Bids sealed and deposited 1818 

Bids opened and examine: iri :::.-. ^.'i 

awarded ----- 

Notifications to publishers 1820 

Contract, execution, preparation, filing. 1821 

Bond of contractor, preparation,, ex e cntifflffi , 

: : - ;::: : ~ 5 - - - - - 

Deposits returned 1823 

Failure to execute contract or bond 1824 

Recovery on bond 1825 

Books famished must be equal to specimens 1826 

Secretary ::' ;:^:t pre=er-re= =a~ pies _ 15-" 

Contract and exchange price printed on back 

: = : : :ks _ - - 1821 

Prices for tins State snail not exceed prices 

for other states 1829 

Changing or altering contract. .1830 

Majority controls 1831 

State not liable to any contractor JL832 

Old books exchanged for new. 1533 

Rejecting bids oar proposals 1834 

Readvertisement for bids 1835 

Bids for copyright and manuscripts 1836 

Manuscript or printed form of matter pro- 
posed to be incorporated in book 1837 

Proclamation of governor announcing con- 
tract 1535 

Three depositaries or places of sale in each 

county 181 9 

Contract price printed on books. 1840 

Distribution of books 1541 

Commission continues for five years; new ap- 
pointed 1842 

List of books, agencies, and prices fuaansbed 
to county superintendent. — - : = 



188 INDEX. 

Section. Page. 

Supplementary textbooks, etc 1844 

Other books used upon failure to furnish those 

adopted — 1845 

Appropriation 1846 

Compensation of commissioners 1847 

Clerk ; compensation 1848 

Books adopted continue five years 1849 

Failure to furnish books, contract for unex- 
pired term _..1850 

TOWN AND CITY SCHOOLS UNDER MUNICIPAL 

GOVERNMENT 1348-58 128-134 

(See Municipal government, town and city 
schools under.) 

TOWNSHIPS ABOLISHED 1689 9 

TOWNSHIPS AND SCHOOL DISTRICTS INCOR- 
PORATED 1690 10 

TREASURER OF PUBLIC SCHOOL FUNDS, 

COUNTY, Act creating 17-18 

UNIVERSITY OF ALABAMA 1869-89 89-97 

Testing laboratory for cement 1893 

Summer school 1894-9 

Constitution _ 264-5, 267 

VACANCY, Act providing for filling vacancies in 

city, county, or State offices 143 

VOCATIONAL EDUCATION ACT, providing appro- 
priation to match Federal funds 167-171 

WOMEN TO SERVE ON BOARDS OF EDUCA- 
TION, AUTHORIZING „ — 15 



LIBRARY OF CONGRESS 



019 749 538 8 



